Algeria: The Movement for the Self-Determination of Kabylia (Mouvement pour l'autodétermination de la Kabylie, MAK), including its activities; membership cards and promotional posters used by the MAK to announce and promote events; treatment of MAK members by the authorities; treatment by the authorities of individuals who display the Kabylia flag (2017–January 2020) [DZA106406.FE]

Research Directorate, Immigration and Refugee Board of Canada

1. The MAK
1.1 Overview

For information on the MAK from 2013 to August 2017 or for an overview of the movement, see Response to Information Request DZA105963 of August 2017.

1.2 The MAK's Activities

Sources report that in September 2017, Ferhat Mehenni, president of the Kabyle provisional government (Gouvernement provisoire kabyle, GPK) and of the MAK, submitted a memorandum for the self-determination of Kabylia to the Secretary-General of the UN (Mehenni 29 Sept. 2017; Amazigh World News 3 Oct. 2017).

El Moudjahid, a government daily newspaper that reflects the 'position of the State (Courrier international n.d.), states that in December 2019, according to [translation] "security sources," security forces thwarted a "sabotage plan instigated" by the MAK with the objective of "hijacking the popular Hirak [1] through extremist elements and inciting disobedience and night marches to push security forces to resort to the use of force" (El Moudjahid with APS 7 Dec. 2019). The plan was reportedly disclosed to security forces by a university student, MAK member and [translation] "activist in a political party opposed to the presidential election," who was arrested in Algiers as he was taking photographs of the deployment of law enforcement (El Moudjahid with APS 7 Dec. 2019). However, the Algerian daily newspaper El Watan questioned whether the MAK had been' involved in the matter, stating that the authorities were instead using the [translation] "spectre" of the MAK and the "theme of conspiracy" in the political context of the presidential elections (El Watan 7 Dec. 2019).

The website makabylie.org, [translation] "the official site of Kabyle sovereigntists" (makabylie.org n.d.a) but not the official voice of the MAK, states that the MAK has declared that it is "resolutely peaceful" and wants to avoid armed conflict (makabylie.org n.d.b).

Sources report that [on 24 February 2019 (Mehenni 24 Feb. 2019)], Ferhat Mehenni announced his candidacy for the Algerian presidential elections [initially planned for 18 April 2019 (Mehenni 24 Feb. 2019)], presenting himself as the [translation] "candidate for the boycott" of the presidential election (Mehenni 24 Feb. 2019; Le Matin d'Algérie 1 Mar. 2019).

Sources note that each year on 20 April, commemorations are held to mark Algeria's "Berber Spring" (L'Humanité 19 Apr. 2019; The North Africa Post 21 Apr. 2018), a [translation] "grassroots social movement" known for the April 1980 uprising in support of the Berber cause , and to remember the violent events of April 2001 (L'Humanité 19 Apr. 2019). According to the North Africa Post, in April 2001, the crackdown on protesters by Algerian authorities led to the death of "at least" 116 protesters (The North Africa Post 21 Apr. 2018).

The North Africa Post reports that the MAK participated in the Berber Spring demonstration of 20 April 2018 (The North Africa Post 21 Apr. 2018). Several sources report that MAK supporters also participated in the commemoration on 20 April 2019 (APS 20 Apr. 2019; L'Express DZ 20 Apr. 2019; El Watan 21 Apr. 2019). According to an article on the Algerian news site L'Express DZ, the authorities initially tried to prevent MAK members from participating in the march (L'Express DZ 20 Apr. 2019). In addition, El Watan reports that two MAK activists were taken in for questioning by law enforcement and subsequently released in the early afternoon (El Watan 21 Apr. 2019).

According to articles published by Algérie1 and Interlignes, two Algerian news sources, Ferhat Mehenni hosted a videoconference [on 28 April 2019 (Algérie1 28 Apr. 2019)] broadcast in the auditorium of Université Mouloud Mammeri de Tizi Ouzou (UMMTO) (Algérie1 28 Apr. 2019; Interlignes 29 Apr. 2019). Algérie1 reports that the topics addressed during the conference, described as [translation] "unimaginable given the 'reputation' of Ferhat Mehenni and his project," included "'the Kabyle people'," "'Algeria's colonial state'" and "'the Kabyle fight against Algeria'" (Algérie1 28 Apr. 2019).

1.3 Membership Cards and Promotional Posters

The GPK website indicates that Kabyle citizens living in Kabylia (GPK n.d.a) or abroad (GPK n.d.b) may apply for a Kabyle identity card (carte d'identité kabyle, CIK) on the GPK website (GPK n.d.a, GPK n.d.b). According to the same source, to apply in either of the two situations above, the applicant must provide [translation] "digital versions of [his/her] identity photo on a plain background," a valid piece of identification and "have [a] Kabyle family name (before the name was Arabicized under French colonial rule)" (GPK n.d.a; GPK n.d.b). For Kabyle citizens living in Kabylia, the fee is 1,000 Algerian dinars (DZD) [approximately C$10] for people over 16 and 500 DZD for those under 16 (GPK n.d.a), while Kabyle citizens over 16 living abroad must pay 40 euros and those under 16 must pay 20 euros (GPK n.d.b). A note at the top of the online application form for Kabyle citizens living in Kabylia indicates, without providing further details, [translation] "that a civil registrar from the local group or branch of the MAK" will contact the applicant after the application is submitted online (GPK n.d.a).

In 2012, the Kabyle news agency Siwel stated that the CIK may be issued based on three criteria:

[translation]

  • Right of soil (jus soli): being born or having lived in Kabylia [2] for over 10 years
  • Right of blood (jus sanguinis): having at least one parent who is Kabyle by birth or descent
  • Right of marriage: being the spouse of a Kabyle national by birth or descent. (Siwel 6 Mar. 2012)

The same source added that the [translation] "supporting documents" required for a CIK application are as follows:

  • Proof of birth/residence in Kabylia: copy of passport or identity card (unless already provided above) or excerpt of birth certificate.
    Or
  • Proof of parentage: Copy of passport or identity card of Kabyle parent/grandparent or excerpt of birth certificate with descent (No. 12)
    Or
  • Marriage: Proof of Kabyle citizenship of spouse by one of the documents above and copy of marriage certificate. (Siwel 6 Mar. 2012)

Siwel indicated in 2012 that the card may be requested online or at the local MAK branch and is valid for 10 years (Siwel 6 Mar. 2012). More recent information on the procedure and documents required to obtain a CIK could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Information on the promotional posters used by the MAK could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Treatment of MAK Members by the Authorities

According to a report produced by the World Amazigh Congress (Congrès mondial amazigh, CMA), an international NGO whose goal is to defend and promote Berber rights, and presented to the UN Human Rights Committee as part of the implementation of the International Covenant on Civil and Political Rights, the Algerian government "brutally represses and criminalizes" people who advocate for the self-determination of Kabylia (CMA May 2018, 2–3). The same source reports that movements like the MAK are accused of "'undermining national unity'" and that their members are subjected to "persecution" by the government, including "arbitrary arrests and detentions, torture, prohibition of their meetings, threats, blackmail, deprivation of passports, [and] invasion of private and professional life" (CMA May 2018, 3). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

L'Express DZ reports that Naïma Salhi, a member of parliament and the President of the Equity and Proclamation Party (Parti de l'équité et de la proclamation, PEP), called for [translation] "eliminating Ferhat Mehenni and his supporters," describing him as a "'terrorist'" in a statement posted in June 2019 on her Facebook page, a statement that the L'Express DZ article describes as a "public incitement to violence and murder" (L'Express DZ 6 June 2019). The same article reports that [translation] "in the past few months, [Salhi] has significantly increased racist attacks against Tamazight but also against the Kabyle people, whose elimination she has called for" (L'Express DZ 6 June 2019).

The Algerian news site Tout sur l'Algérie (TSA) reports that on 9 June 2019, three lawyers filed a complaint against Salhi for [translation] "'inciting racial hatred and calling for the murder of Kabyle citizens'"; the lawyers stated that they filed a complaint because of "the silence of the authorities" with respect to the Member of Parliament's statements (TSA 10 June 2019). TSA further reports that Salhi made similar statements on 4 October 2017 during a televised broadcast on the channel El Bilad, where she stated that Ferhat Mehenni is a [translation] "'terrorist'" and that it is the duty of the state to "'execute traitors'" (TSA 5 Oct. 2017).

According to an article published by the Algiers daily newspaper Reporters, on 11 September 2019, the police prevented the MAK from holding a gathering on the UMMTO campus (Reporters 12 Sept. 2019). Reporters presents the witness account of a student, who stated that the police dispatched had a list of names and that they arrested two students (Reporters 12 Sept. 2019). Amnesty International reports that at least 10 people were arrested that day near the university while they were on their way to the protest [Amnesty International English version] "calling for the release of people detained for their opinions" (Amnesty International 19 Sept. 2019). In its report, the same source cites the account of one protester who stated that he was detained at 9 a.m., interrogated about his MAK membership, and released at approximately 5:30 p.m. (Amnesty International 19 Sept. 2019). The same source reports that most of the other detainees were members of the MAK or other political organizations (Amnesty International 19 Sept. 2019).

An article published by the Algiers daily newspaper Liberté reports that three students [translation] "close" to the MAK were arrested on 29 October 2019 in Bejaïa while in possession of the MAK emblem (Liberté 30 Oct. 2019). The same article states that as a result of pressure from activists, the three demonstrators were released on 30 October (Liberté 30 Oct. 2019). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to another article published by Liberté, the separatist activist Zina Naït Sid was arrested, along with approximately 50 activists and citizens, as they were on their way to participate in a march organized by the MAK on the occasion of the Berber New Year in Tizi Ouzou on 12 January 2020 (Liberté 14 Jan. 2020). The same source reports that the other activists were released the same day, while Zina Naït Sid was held in custody until late morning on 13 January (Liberté 14 Jan. 2020). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Treatment by the Authorities of Individuals Who Display the Kabylia Flag

Sources report that the Algerian general Ahmed Gaïd Salah, [army chief of staff and [translation] "the country's strongman" (Le Monde with AFP 19 June 2019)], informed the public that as of [mid-June 2019 (Le Monde with AFP 19 June 2019)], no flag other than the national flag would be tolerated during demonstrations (Le Parisien with AFP 5 Aug. 2019; France 24 27 June 2019; Le Monde with AFP 19 June 2019). According to some sources, the General was targeting the Amazigh (Berber) flag that is carried at some demonstrations, although he did not refer to it by name (France 24 27 June 2019; Le Monde with AFP 19 June 2019). Le Monde reports the following:

[translation]

Although he did not specifically name the flag in question, the Chief of Staff seems to clearly be referring to the Amazigh (Berber) flag … . The flag appears prominently alongside the national colours in the demonstrations that have been calling for a change in regime since 22 February. (Le Monde with AFP 19 June 2019)

The same source cites the chief of staff as stating that [translation] "'strict instructions have been given to law enforcement to rigorously apply the laws'" in this regard (Le Monde with AFP 19 June 2019).

Le Parisien reports that on 5 August 2019, nearly 60 people across Algeria were arrested and taken into custody for reasons related to carrying the Kabyle flag (Le Parisien with AFP 5 Aug. 2019). According to the same source, two of the detainees were tried and sentenced that same day to a two-month suspended prison term (Le Parisien with AFP 5 Aug. 2019). Le Parisien reports the case of a protester who was carrying the Berber flag [translation] "during a rally against the regime" and who was arrested on 5 July 2019 for "'disrupting national unity'" (Le Parisien with AFP 5 Aug. 2019). According to the same source, the court called for him to be imprisoned for 10 years (Le Parisien with AFP 5 Aug. 2019). However, sources note that the protester was acquitted in August 2019 (El Watan 8 Aug. 2019; TSA 8 Aug. 2019).

L'Avant-Garde, a news website dedicated to [translation] "democratic and progressive struggles" in Algeria (L'Avant-Garde n.d.), citing statements from human rights advocates, and El Watan, report that an MAK activist [who carried the Kabyle flag during a demonstration in Laaziv (L'Avant-Garde 30 Nov. 2019)] was arrested on 26 November 2019 by plainclothes officers who went to his home at night and was charged with "disrupting national unity" (L'Avant-Garde 30 Nov. 2019) or "disrupting the integrity of the national territory" (El Watan 30 Nov. 2019). According to El Watan, the activist's lawyer stated that the activist [translation] "'was arrested for possessing the MAK emblem'" (El Watan 30 Nov. 2019). Sources report that the activist was [translation] "torture[d]" while detained (DzVid 1 Dec. 2019; Kab News 2 Dec. 2019; L'Avant-Garde 2 Jan. 2020). Other sources note that he was provisionally released on 2 January 2020 (L'Avant-Garde 2 Jan. 2020; Radio M 2 Jan. 2020).

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 for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] According to Le Point, a French news magazine, the Hirak Movement is a people's protest movement in Algeria that began between February and April 2019 (Le Point 29 Jan. 2020).

[2] Siwel notes that Kabylia is [translation] "the territory that covers the area of the former 'Wilaya III', where Kabyle is the primary language spoken by the society. In the Algerian administrative system today, [Kabylia] includes the entirety of the Tizi Ouzou and Bejaïa wilayas [provinces] as well as the Kabylophone communes [municipalities] and daïras [districts] of the Boumerdès, Bouira, Bordj Bou Arreridj, Sétif and Jijel wilayas" (Siwel 6 Mar. 2012).

References

Algérie1. 28 April 2019. "Université de Tizi Ouzou : Ferhat Mehenni a discouru sur le 'combat kabyle face à l'Algérie'!" [Accessed 19 Dec. 2019]

Algérie Presse Service (APS). 20 April 2019. "Tizi-Ouzou : imposante marche pacifique pour la célébration du printemps amazigh." [Accessed 10 Feb. 2020]

Amazigh World News. 3 October 2017. "Ferhat Mehenni Officially Demands UN for Self-Determination of Kabylia." [Accessed 10 Feb. 2020]

Amnesty International. 19 September 2019. Amnesty International Algeria. Algérie. Il faut mettre fin à la répression des manifestations au milieu d'une vague d'arrestations visant des manifestant.e.s. [Accessed 19 Dec. 2019]

L'Avant-Garde. 2 January 2020. Mokrane Gacem. "Le détenu d'opinion Sofiane Babaci libéré provisoirement." [Accessed 11 Feb. 2020]

L'Avant-Garde. 30 November 2019. Samia Djouder. "Un militant du MAK placé en détention provisoire à Boumerdes." [Accessed 19 Dec. 2019]

L'Avant-Garde. N.d. "À propos." [Accessed 19 Dec. 2019]

Congrès mondial amazigh (CMA). May 2018. Algeria: The State of No Right. [Accessed 22 Jan. 2020]

Courrier international. N.d. "El Moudjahid." [Accessed 19 Dec. 2019]

DzVid. 1 December 2019. Kader Houali. "Sofiane Babaci: 'Ils m'ont roué de coups au commissariat'." [Accessed 11 Feb. 2020]

El Moudjahid with Algérie Presse Service (APS). 7 December 2019. "Sûreté nationale : un plan de sabotage déjoué." [Accessed 19 Dec. 2019]

El Watan. 7 December 2019. "Le MAK, ses porte-avions, ses sous-marins… ." [Accessed 19 Dec. 2019]

El Watan. 30 November 2019. Ramdane Koubabi. "Naciria (Boumerdès) : Sofiane Babaci mis sous mandat de dépôt." [Accessed 10 Feb. 2020]

El Watan. 8 August 2019. "Arrêté pour port de drapeau amazigh à Annaba, Nadir Fetissi acquitté." [Accessed 6 Feb. 2020]

El Watan. 21 April 2019. Amar Fedjkhi. "Commémoration du 39e anniversaire du printemps berbère : dans le calme à Bouira." [Accessed 10 Feb. 2020]

L'Express DZ. 6 June 2019. Saïd Farhi. "Naima Salhi appelle à éliminer Ferhat Mehenni et ses partisans." [Accessed 19 Dec. 2019]

L'Express DZ. 20 April 2019. Saïd Farhi. "Célébration de la journée du 20 April 1980 : Une dépêche de l'APS cite le MAK pour la première fois." [Accessed 10 Feb. 2020]

France 24. 27 June 2019. "Pourquoi les autorités algériennes interdisent le drapeau berbère dans les manifestations." [Accessed 19 Dec. 2019]

Gouvernement provisoire kabyle (GPK). N.d.a. "KNQ/CIK – Kabylie." [Accessed 19 Dec. 2019]

Gouvernement provisoire kabyle (GPK). N.d.b. "Carte d'identité kabyle. KNQ/CIK – Diaspora." [Accessed 19 Dec. 2019]

L'Humanité. 19 April 2019. Hassane Zerrouky. "Le 39e anniversaire du printemps berbère." [Accessed 5 Feb. 2020]

Interlignes. 29 April 2019. Fatma Zohra Foudil. "Conférence du Mak : 'Les auteurs de la polémique veulent replonger la Kabylie et l'Algérie dans le feu et le sang'." [Accessed 19 Dec. 2019]

Kab News. 2 December 2019. "Traitement des détenus politiques : Des avocats dénoncent la torture." [Accessed 11 Feb. 2020]

Liberté. 14 January 2020. "La militante Zina Naït Sid libérée." [Accessed 21 Jan. 2020]

Liberté. 30 October 2019. Kamal Ouhnia. "3 manifestants interpellés par la police." [Accessed 21 Jan. 2020]

makabylie.org. N.d.a. Home page. [Accessed 6 Feb. 2020]

makabylie.org. N.d.b. "Foire aux questions." [Accessed 19 Dec. 2019]

Le Matin d'Algérie. 1 March 2019. Ferhat Mehenni interview with Le Matin d'Algérie. "Ferhat Mehenni : 'Je suis le candidat du boycott de la présidentielle'." [Accessed 19 Dec. 2019]

Mehenni, Ferhat. 24 February 2019. "Présidentielle algérienne du 18/04/2019 : conférence de presse de M. Ferhat Mehenni. Une candidature pour la liberté et le droit des peuples a l'autodétermination." [Accessed 19 Dec. 2019]

Mehenni, Ferhat. 29 September 2017. "En déposant à l'ONU le Mémorandum pour l'autodétermination de la Kabylie, le peuple kabyle prend à témoin la communauté internationale." [Accessed 21 Jan. 2020]

Le Monde with Agence France-Presse (AFP). 19 June 2019. "En Algérie, seul le drapeau algérien sera toléré dans les manifestations." [Accessed 19 Dec. 2019]

The North Africa Post. 21 April 2018. "Algerian Berbers March for Independence of Kabylie." [Accessed 19 Dec. 2019]

Le Parisien with Agence France-Presse (AFP). 5 August 2019. "Algérie : Un manifestant brandit le drapeau berbère, dix ans de prison requis." [Accessed 19 Dec. 2019]

Le Point. 29 January 2020. Adlène Meddi. "Algérie : Où en est le hirak?" [Accessed 10 Feb. 2020]

Radio M. 2 January 2020. "76 détenus du Hirak remis en liberté provisoire." [Accessed 11 Feb. 2020]

Reporters. 12 September 2019. "Tizi Ouzou : Des militants du MAK interpellés et un rassemblement empêché." [Accessed 19 Dec. 2019]

Siwel. 6 March 2012. "La Carte d'identité kabyle est lancée en Kabylie dès le 12 March (modalités)." [Accessed 19 Dec. 2019]

Tout sur l'Algérie (TSA). 8 August 2019. "Drapeau berbère : Nadir Fetissi est sorti de prison." [Accessed 6 Feb. 2020]

Tout sur l'Algérie (TSA). 10 June 2019. Nadir Azmal. "Naïma Salhi visée par une plainte pour 'incitation à la haine raciale'." [Accessed 19 Dec. 2019]

Tout sur l'Algérie (TSA). 5 October 2017. Riyad Hamadi. "Naima Salhi qualifie Ferhat Mehenni de 'terroriste'." [Accessed 19 Dec. 2019]

Additional Sources Consulted

Oral sources: Amnesty International Algeria; L'Avant-Garde; Centre d'études maghrébines en Algérie; El Watan; Ligue algérienne des droits de l'homme; Maison des droits de l'homme et du citoyen de Tizi Ouzou; Mouvement pour l'autodétermination de la Kabylie – Gouvernement provisoire kabyle; Reporters; Tout sur l'Algérie.

Internet sites, including: Le 360; Algérie patriotique; Al Manar; L'Aménagement linguistique dans le monde; Causeur.fr; Le Courrier d'Algérie; Courrier du Rif; Econostrum; HAL archives-ouvertes.fr; Human Rights Watch; Jeune Afrique; Kabyle.com; KabyleUniversel.com; Maghreb émergent; Menri; Middle East Eye; Le Monde Afrique; Mondialisation.ca; The New Arab; Orient XXI; Résistance républicaine; Revista de Estudios Internacionales Mediterráneos; Sputnik; Tamurt; The Times of Israel; Unrepresented Nations & Peoples Organization; La Voie du Maghreb.

Associated documents