General Context:
A Sahrawi NGO Alliance submits a comprehensive review report regarding Algeria's compliance with its international human rights obligations, with a specific focus on the Sahrawi refugee camps in Tindouf, within the context of the fourth cycle of the Universal Periodic Review mechanism.
National Reconciliation and Impunity:
The organizations criticize the exclusion of the Tindouf camps from the Charter for Peace and National Reconciliation, despite documented gross human rights violations, including extrajudicial killings, enforced disappearances, and torture. The report highlights Algeria’s delegation of its legal jurisdiction to the Polisario Front in the absence of effective United Nations oversight.
Self-Determination and Legal Status:
The report raises a legal anomaly regarding the status of the Polisario Front as a member of the African Union while simultaneously claiming the right to self-determination. Furthermore, it calls for initiating a dialogue with the Kabyle people to facilitate the exercise of their right to self-determination.
Cooperation with UN Mechanisms:
The report records significant delays in Algeria's response to requests from the Special Procedures of the Human Rights Council. It further notes the failure to ratify core international instruments, specifically the Optional Protocol to the Convention against Torture (OPCAT) and the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).
Enforced Disappearance and Extrajudicial Killings:
The report documents multiple instances of enforced disappearance within the Tindouf camps, including the case of Ahmed Khalil Braih (missing since 2009), in addition to seven cases of extrajudicial killings committed between 2017 and 2021. The coalition demands independent and transparent investigations into these incidents.
Statelessness:
The report indicates that Sahrawi refugees lack a clear legal status; they do not possess official refugee cards and rely on temporary documentation issued by the Polisario Front or Algerian passports with limited validity, thereby placing them in a state of de facto statelessness.
Key Recommendations:
The recommendations include establishing a comprehensive transitional justice process, facilitating visits by UN delegations, ratifying relevant international instruments, conducting investigations into the alleged violations, and regularizing the legal status of refugees in cooperation with the United Nations High Commissioner for Refugees (UNHCR).