It should be noted that it is very difficult to obtain information on national service in Algeria, particularly information concerning the way the National Service Code (NSC), the Military Justice Code (MJC) and other laws and decrees are applied in practice. Because of the current situation in the country, some Algerian sources consulted by the Research Directorate tend not to be very forthcoming or, when they do provide information, refuse to be cited for reasons of security. In such cases, information was not used in this report.

Details of National Service

The National Service Charter separates national service into a military component and a civil component (Algeria 10 Dec. 1974a, 1014). The charter stipulates that [translation] "all Algerians called up for national service shall undergo military training before being assigned to economic, administrative, social, cultural, or national defence tasks" (ibid.). The principle of working for the nation is thus an integral part of national service (ibid.). One source states that because of the current state of emergency in Algeria, the civil component of national service has virtually disappeared (War Resisters' International Sept. 1998, section 1). According to this source, only a selected few are assigned to public administration duties after completing their professional training (ibid.). The Research Directorate has not been able to corroborate this information.

The NSC of 1974 provides for two years of national service (Algeria 10 Dec. 1974b, art. 3); this was reduced to 18 months by article 1 of law no. 89-19 of 12 December 1989, which came into effect on 15 January 1990 (ibid. 13 Dec. 1989a). In addition, a source reports that the Algerian government announced its intention of further amending the law by the end of 1998 in keeping with President Zéroual's electoral platform (ENTV 13 May 1998); the president had made a commitment to reduce the length of national service (El Watan 16 Aug. 1998a; ibid.16 Aug. 1998b). The Canadian Embassy in Algiers1 corroborates this by stating that in May 1998, then Prime Minister Ahmed Ouyahia promised that the national service law would be amended by the end of 1998 (Embassy of Canada, Algiers 16 Mar. 1999). However, since no bill amending the national service has yet been tabled in parliament or otherwise made public by the government, the details of the amendments are not known (ibid.). According to the Canadian Embassy, it is expected that the amendments will at least reduce the period of national service from 18 to 14 or 12 months (ibid.). According to the same source, two events have contributed to the delay in passing the legislative amendments. The first was President Zéroual's September 1998 announcement that presidential elections would be held in the spring of 1999, and the second was Prime Minister Ahmed Ouyahia's resignation shortly thereafter (ibid.). Since the new prime minister, Smail Hamdani, is giving priority to organizing the elections, preparing Algeria's participation in the upcoming Organization of African Unity (OAU) summit and getting the economy back on track, the national service law amendments may not be debated in parliament until the post-election summer session (ibid.).

The national service, its length and even its very existence are currently being debated in Algerian society (ibid.). Senior Algerian army officers stated on several occasions to the Canadian Embassy in Algiers that national service has become less useful to the armed forces (ibid.). Several reasons were given for this state of affairs: the complexity of defence systems, the social disturbances caused by enlistment, and the fight against terrorism (ibid.). Military leaders believe that a professional volunteer army would be of a higher standard (ibid.). Army circles are reportedly discussing the possibility of abolishing national service, but the intentions of the government in this regard are unclear (ibid.).

El Watan reports that while young Algerians were expecting a reduction in the length of national service, the government called up reservists once again in June 1998 (16 Aug. 1998b). For more information on this, see the section entitled The Reserve, later in this Extended Response to Information Request.

Article 8 of the NSC states that citizens whose national service status is not in order are ineligible for jobs in both the public and private sectors (Algeria 10 Dec. 1974b). In addition, in 1994, the government announced measures designed to [translation] "increase the efficiency of conscription" (Libération 13 Dec. 1994). In accordance with these measures, Algerians who wanted to obtain a passport or an identity card had to submit a document attesting that they had been registered for national service or granted a deferment or exemption (ibid.; Algerian Radio 13 Dec. 1994). Similarly, young Algerians applying for a job in the private or public sectors had to submit proof that their military service status was in order (ibid.; Libération 13 Dec. 1994).

In January 1997, Ahmed Ouyahia ordered state organizations to verify the national service status of their employees (El Watan 16 Aug. 1998a). Employees who had not met their national service requirements would not have the right to work (ibid.). As a result of these measures, young Algerians found themselves in a "catch-22" or difficult situation, since military barracks also turned them away for lack of space (ibid.; ibid. 16 Aug. 1998b). Thus, there was no place for them in the military and, at the same time, without a card attesting that they had completed their national service, they could not get a job (ibid. 16 Aug. 1998a). Their only option was to wait until the next call-up (ibid.). The Research Directorate has not been able to corroborate this information.

According to Country Reports 1998, young Algerians who are liable for military service cannot leave the country before fulfilling their military obligations, although special permission may be granted to students and people in exceptional family circumstances (1999, section 2d). For more information on this topic, see the sections entitled Deferments and Exemptions later in this Extended Response to Information Request.

Registration

Articles 43 to 62 of the NSC deal with the various procedures governing national service recruiting. According to the law, one month before the registration period, the wali, through a media and poster campaign, calls on the young men concerned to register for national service (Algeria 10 Dec. 1974b, art. 43). Young men who turn 18 in a given year must register (ibid., art. 45) with the people's community assemblies in the communities where they live (ibid., art. 44, 45). For example, in January 1996, an Algiers radio station broadcast a message from the National Service High Commission calling on citizens born between 1 January and 31 December 1978 to register for national service in accordance with the law (Algerian Radio 25 Jan. 1996). The individuals concerned had to register no later than 31 March 1996; to do this, they or their guardians had to go to the authorities of the municipality where they lived (ibid.). The message stated that those who did not register would be automatically enlisted (ibid.).

The NSC stipulates that the chairperson of the people's community assembly shall, between 1 January and 1 March, tabulate the names of all those who register (Algeria 10 Dec. 1974b, art. 45). The wali then sends a copy of the tables to the recruitment office (ibid., art. 58). Each registrant is placed in a category according to whether, among other things, he is a son who is the sole support of [translation] "an ascendant or a young or disabled collateral relative," a son or brother of a chahid (a man killed during the war of independence), a son or brother of a soldier, a married man with a child, the holder of a premilitary diploma cum laude or summa cum laude, or a bachelor who is a secondary support of a family of five young children (ibid., art. 60).

The NSC allows Algerian diplomatic or consular missions to register Algerians who are living abroad (ibid., art. 47).

In 1994, the Algerian government announced a number of measures dealing with conscription, including the creation, in each community, of a [translation] "permanent cell" responsible for handling registrations, deferments, exemptions and postponed enlistments (Libération 13 Dec. 1994; Algerian Radio 13 Dec. 1994). The Research Directorate has not been able to obtain more recent information concerning these measures.

Selection

Those registered are summoned to selection and orientation centres (Algeria 10 Dec. 1974b, art. 63). Articles 64-69 of the NSC include provisions dealing with severely handicapped people, who are exempted from going in person to a selection and orientation centre. At the selection and orientation centre, those registered are given a medical checkup and are classified as fit, temporarily unfit or permanently unfit for national service (ibid., art. 71-74, 78). It is possible for a person to be deemed unfit for the military component of national service, but fit for the civil component (ibid., art. 75). Article 76 states that candidates suffering from grave and irreversible physical or psychological conditions are considered to be permanently unfit for service (ibid., art. 76). Those classified as permanently unfit are released from their military obligations (ibid.). The conscription orders are sent by the recruitment offices to the people's community assemblies, who must forward them to the individuals concerned at least two weeks before the scheduled enlistment, with a request for an acknowledgment of receipt (ibid., art. 79). If a person is not at home, the conscription order is delivered to his immediate relatives or to the chairperson of the people's community assembly (ibid.).

The Reserve

Order 76-111 of 9 December 19762 defines the reserve as being [translation] "'constituted of all citizens who have finished their active service and are subject to military obligations'" (AI May 1997, section 4). Thus, the reserve includes [translation] "'retired regular and contractual soldiers who were released from the army at their request, as well as all those who have fulfilled their national service obligations'" (ibid.). Article 27 excludes certain categories of people: [translation] "individuals convicted of criminal offences, and individuals convicted of endangering state security or encouraging desertion or absence without leave" (ibid.). According to order 76-110 of 9 December 1976, the military obligations of Algerian citizens last 27 years and consist of four stages: 1) national service (two years); 2) availability (five years); 3) first reserve (ten years), and 4) second reserve (ten years) (ibid.). A person who ignores a reserve call-up that includes him may be convicted of being absent without leave (ibid., section 6; War Resisters' International Sept. 1998, section 3). For more information on the reserve, see order 76-110 of 9 December 1976 and order 76-111 of 9 December 1976.

According to a press report, decree 95-146 ordered a call-up of reservists on 27 May 1995 (El Watan 16 Aug. 1998a). It was the first time since the war of independence ended in 1962 that reservists were being called upon to take part in resolving the country's internal problems (CIS 19 Dec. 1997; AP 2 June 1995). Under this decree, the classes of 1988, 1989, 1990 and 1991 were recalled to serve for a one-year period (Algeria 28 May 1995). Abderrahmane Meziane-Cherif, who was the interior minister at the time, stated that the government planned to recall up to 15,000 reservists to maintain security during the 1995 presidential elections (AP 2 June 1995). The decree had no provision for keeping the reservists in service beyond the one-year period (Algeria 28 May 1995). However, in 1996 the government issued decree No. 96-311, which stated that [translation] "reservists recalled [under the 27 May 1995 decree] can be maintained in active service beyond the recall period" (ibid. 29 Sept. 1996). In addition to maintaining these reservists in active service, the government reportedly recalled another 10,000 reservists who had done their national service four to eight years earlier (L'Express 28 Mar. 1996). Another source reports that in the fall of 1997, the government once again extended the term of reservists in active service in order to maintain security during the October 1997 municipal elections (Luis Martinez 10 Mar. 1999).

Decree No. 98-233 of 18 July 1998 announced that another recall of reservists would start on 20 September 1998 (El Watan 16 Aug. 1998a). This decree affected the following classes: 1992/4, 1993/1, 2, 3 and 4, and 1994/1, 2 and 3 (ibid.). The recall was for one year, but the 1998 decree, unlike the 1995 one, contained a provision allowing for extensions (ibid.). The Research Directorate has not been able to ascertain whether other recalls or extensions have been ordered since July 1998.

Postponed Enlistments

Article 90 of the NSC states that there are two categories of people who are eligible for a postponed enlistment: those who have a brother who is a volunteer soldier or a conscript in the national service and has not yet finished his term of service, and those who present a [translation] "socially significant" reason (Algeria 10 Dec. 1974b, art. 90). The postponement ends when the circumstances justifying it cease to exist (ibid.).

Exemptions

Details Concerning Law No. 89-20 of 12 December 1989

Deferments

According to the NSC, citizens who wish to continue their studies in Algeria or abroad may apply to the selection and orientation centre for a deferment; the application will then be forwarded to the recruitment office, which will decide whether to grant the deferment (Algeria 10 Dec. 1974b, art. 97; ibid. art. 102). The deferment may be renewed until the student reaches the age of 27 (ibid., art. 98). The application for renewal must be received by the recruitment office by 1 July of each year (ibid., art. 100). Article 100 states furthermore that the deferment will be cancelled if the applicant does not present, immediately after the start of the academic session, proof that he is pursuing his studies (ibid.). After the age of 27, the student must send applications for deferment renewal to the ministerial commission (ibid., art. 100) along with proof that his studies were delayed for [translation] "social reasons" such as the death of the head of the family or prolonged illness (ibid., art. 98). The NSC states that in all other cases, only the high commissioner for national service is authorized to grant a renewal of deferment to a person older than 27 years of age, and only for [translation] "reasons of national interest" (ibid., art. 99). The high commissioner for national service can at any time of the year end a student's deferment if the student no longer satisfies the deferment requirements (ibid., art. 101).

A media source reported in 1994 that the government had announced changes in its deferment policy (Algerian Radio 15 Dec. 1994). According to the new policy, the education and training ministries were to send the defence ministry a list of all students registered in educational institutions at the start of each academic year, as well as a list of those who had graduated (ibid.). This measure was intended to allow the government to grant eligible students a deferment for the entire period of their studies without requiring them to apply for a renewal every year (ibid.). The Research Directorate has not been able to find sources corroborating this information.

Desertion

Articles 255 to 270 of the Military Justice Code (MJC), a copy of which is included in the package Lois et décrets sur le service national en Algérie (available in the IRB regional documentation centres), define various types of desertion and the applicable sanctions, which vary according to whether the desertion takes place in Algeria or abroad, and whether it takes place in peacetime or when the country is at war. Desertion within Algeria is punishable by six months to five years in prison in peacetime, and by two to ten years in prison in wartime (Algeria 22 Apr. 1971, art. 256). In cases of conspiracy (i.e., where more than two men desert together), the prison sentence varies from one to ten years in peacetime and from five to fifteen years in wartime (ibid., art. 257). If the desertion takes place outside Algeria, the sentences run from two to ten years in prison in peacetime and from 10 to 20 years in prison in wartime (ibid., art. 262; ibid., art. 264). Articles 266 and 267 of the MJC make desertion a capital offence in some circumstances. More information on this subject can be found in La législation sur le service national, produced by the Swiss branch of Amnesty International available at http://www.amnesty.ch. In particular, section 7 of that document, entitled La désertion, contains tables summarizing the various circumstances that determine the sentences applicable to convicted military deserters.

Luis Martinez states that between 1993 and 1995, [translation] "there was strong resistance to national service" and young Algerians were inclined to leave the country (10 Mar. 1999). Another source adds that because of violence against conscripts, very few young Algerians are willing to do their military service and many of them desert (War Resisters' International Sept. 1998, section 3).

Absence Without Leave

Article 16 of the NSC states that if a conscript who has received his marching orders does not appear at the designated site within 30 days of the indicated date, he will be considered to be absent without leave, unless the delay was caused by circumstances beyond his control (Algeria 10 Dec. 1974b). The MJC establishes various punishments for absence without leave depending on whether the country is at war or at peace. A person convicted of being absent without leave in peacetime can receive a prison sentence of three months to five years (ibid. 22 Apr. 1971, art. 254). In wartime, the person can be imprisoned for two to ten years (ibid.). An officer convicted of being absent without leave can, in addition, be discharged (ibid.).

A more recent source states that people suspected of being absent without leave are arrested by the police and immediately brought before a military tribunal which "is free to decide the punishment for the individual," according to the law (Embassy of Canada, Algiers 16 Mar. 1999). However, given that absence without leave is not considered to be a major issue by the Algerian authorities, those convicted of this offence are usually sent to their units to do their national service (ibid.).

According to the same source, there have been no reports of torture being used against soldiers who are absent without leave (ibid.). The source cites two Algerian human rights organizations-the Observatoire national des droits de l'homme (ONDH) and the Ligue algérienne des droits de l'homme (LADH)-as stating that they have received no complaints of this nature (ibid.). Both these organizations also indicate that the situation today is considerably different from what it was in the 1970s, when soldiers who were absent without leave might have been treated more harshly (ibid.).

Further Considerations

In 1994, the French newspaper Libération reported that the Algerian press had published in December 1994 a notice from the high commission for national service stating that draft evaders would be arrested, brought before military tribunals and enlisted without delay (13 Dec. 1994). The same source reported that conscripts made up half the members of the national people's army (Armée nationale populaire-ANP) and were [translation] "on the front lines in the fight against armed Islamist groups" (ibid.).

Amnesty International's Swiss branch concluded its report on Algerian national service legislation by stating that the current legislation established very harsh punishments for Algerian deserters and draft evaders (AI May 1997, section 8). In addition, according to the same source, [translation] "the climate that currently prevails in Algeria increases the risk of torture since deserters and draft evaders can easily be taken for supporters of Islamist movements" (ibid.). Luis Martinez believes that young Algerians who return to Algeria are not tortured even if they have not fulfilled their military obligations (10 Mar. 1999). Martinez adds however that some of them avoid returning to Algeria-for example, to visit their families-since they would not be able to leave the country again, given that customs officers would require them to present proper military documents (ibid.).

In its 1997 report Algeria: Civilian Population Caught in a Spiral of Violence, Amnesty International maintained that young Algerians who had just finished their military service were targeted by self-proclaimed "Islamist" armed groups (AI Nov. 1997). Contacted by the Research Directorate, an Amnesty International representative stated that although the organization was aware of later press reports that have mentioned further incidents of this type, it had not been able to obtain independent corroboration of the information provided in these reports (ibid. 12 Mar. 1999). One such report, published by the Algerian newspaper Matin and summarized by AFP on 25 January 1999, stated that a young man who had just finished his military service was killed by Islamists in M'chedallah, in the Bouira region (120 km east of Algiers). In addition, the Algerian daily El Watan reported on 3 September 1998 that a young man who had just finished his service narrowly escaped death when members of the Islamist Armed Group (Groupe islamiste armé-GIA) combed the town of Mekasseb in order to find and kill him (ibid.). However, the man was able to escape from the Islamists and fled to the police (ibid.).

The Canadian Embassy in Algiers states that newspaper articles, for the most part dating from 1994 and 1995, have reported the deaths of hundreds of national service draftees at the hands of "terrorist groups" (16 Mar. 1999). Between 1993 and 1995, when the "terrorist activity" was at its peak, Islamists reportedly put up posters in mosques threatening to kill young Algerians who reported for national service duty (ibid.). A number of measures taken by the government have diminished this type of Islamist activity (ibid.). Today, the "terrorists" launch general attacks against the civilian population in the regions rather than targetting specific individuals (ibid.). However, from time to time, the press continues to report cases of Islamists attacking or harassing Algerians who have recently finished their national service (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Agence France Presse (AFP) [Paris, in French]. 25 January 1999. "Algeria: Two Murdered by 'Armed Islamists'." (FBIS-TOT-99-025 25 Jan. 1999/WNC)

Algeria. Journal officiel de la République algérienne 29 September 1996. "Décret présidentiel no96-311 du 12 joumada El Oula 1417 correspondant au 25 septembre 1996 relatif au maintien en activité de service des réservistes rappelés." Algiers: Government of Algeria.

_____. 28 May 1995. "Décret présidentiel no 95-146 du 27 Dhou El Hidja 1415 correspondant au 27 mai 1995, portant rappel partiel des réservistes." Algiers: Government of Algeria.

_____. 13 December 1989a. "Loi no 89-19 du 12 décembre 1989 portant réduction de la durée légale du service national." Algiers: Government of Algeria.

_____. 13 December 1989b. "Loi no 89-20 du 12 décembre 1989 portant dispense de certains assujettis aux obligations du service national." Algiers: Government of Algeria.

_____. 9 December 1976a. "Ordonnance no 76-110 du 9 décembre 1976 portant obligations militaires des citoyens algériens, modifiée" (Arabic version). Algiers: Government of Algeria.

_____. 9 December 1976b. "Ordonnance no 76-111 du 9 décembre 1976 portant missions et organisation de la réserve" (Arabic version). Algiers: Government of Algeria.

_____. 10 December 1974a. "Charte du service national." Algiers: Government of Algeria.

_____. 10 December 1974b. "Ordonnance no 74-103 du 15 novembre 1974 portant Code du service national." Algiers: Government of Algeria.

_____. 22 April 1971. "Ordonnance no 71-28 portant Code de justice militaire." Algiers: Government of Algeria.

Algerian Radio [Algiers, in Arabic]. 25 January 1995. "Eighteen-Year-Olds Called up for National Military Service." (BBC Summary of World Broadcasts 26 Jan. 1996/NEXIS)

_____. 13 December 1994. "New Regulations Regarding Exemption from and Deferment of Military Service." (BBC Summary of World Broadcasts 15 Dec. 1994/NEXIS).

Amnesty International. 12 March 1999. Correspondence with the Research Directorate.

_____. November 1997. Algeria: Civilian Population Caught in a Spiral of Violence. London: Amnesty International.

_____. May 1997. Algérie : La législation relative au service national. Berne (Switzerland): Amnesty International. http://www.amnesty.ch [Accessed 25 Jan. 1999]

Associated Press (AP). 2 June 1995. Elaine Ganley. "Reservists to Shore Up Security During Presidential Election."

Country Information Service (CIS), Department of Immigration and Multicultural Affairs, Australia. 19 December 1997. Request CX268899 concerning reservists, draft evaders and the curfew.

Country Reports on Human Rights Practices for 1998. 1999. United States Department of State. Washington, DC. http://www.state.gov/www/global/human_rights/1998_hrp_report/algeria.html [Accessed 12 Feb. 1999]

Embassy of Canada, Algiers. 16 March 1999. Response to questions posed by the Research Directorate through RBAD, CIC.

ENTV Television [Algiers, in Arabic]. 13 May 1998. "Algeria: Spokesman on Military Service, Food Shortages." (FBIS-NES-98-133 13 May 1998)

L'Express [Paris]. 28 March 1996. No 2334. Untitled.

Leveau, Rémy. 18 February 1999. Specialist in Algerian Military Issues and Professor at l'Institut d'études politiques of Paris. Telephone Interview.

Libération [Paris].13 December 1994. "Alger renforce l'efficacité de la conscription."

Martinez, Luis. 10 March 1999. Professor at the Centre d'études et de recherches internationales (CERI) in Paris who specialises in Algerian military affairs. Correspondence with the Research Directorate.

Office fédéral des réfugiés (ODR). October 1994. Feuille d'information sur les pays : Algérie : État en octobre 1994. Berne : Office fédéral des réfugiés (REFWORLD)

War Resisters' International. September 1998. Edited by Bart Horeman, and Marc Stolwijk. Refusing to Bear Arms: a World Survey of Conscription and Conscientious Objection to Military Service. London: War Resisters' International.

El Watan [Algiers, in French]. 16 August 1998a. Amnay Idir. "Chronology." (FBIS-NES-98-231 19 Aug. 1998/WNC)

_____ 16 August 1998b. Ahmed Mesbah. "Call-Up of Reservists: Questions About the Security Situation." (FBIS-NES-98-231 19 Aug. 1998/WNC).

_____. 3 September 1998. R. Hadji. "Antiterrorist Operation in Jijel." (FBIS-TOT-98-248 5 Sept. 1998/WNC).

NOTES:

¹. The information provided to the Research Directorate by the Embassy of Canada in Algiers for use in this Extended Response was gathered by embassy personnel from legal texts, case law, and interviews with members and legal advisers of the Algerian parliament (Assemblée populaire nationale-APN); in addition, the embassy obtained information through the Canadian Armed Forces attaché (resident in Madrid), who interviewed senior Algerian military officials while on a visit to Algeria.

². Within the time constraints of this Extended Response to Information Request, the Research Directorate was unable to obtain the official French version of Orders 76-110 and 76-111, published in the Journal Officiel de la République algérienne. However, a French translation, from Arabic, of these orders is included in the package entitled Lois et décrets sur le service national en Algérie, which is available in the IRB Regional Documentation Centres. This translation was provided by the Translation Bureau of Public Works and Government Services Canada.