New update: UN Human Rights Rapporteurs criticize Algeria on Refugee and Migrant rights

Berlin Germany, 2021-Apr-09 — /EPR Network/ — Special Rapporteurs on the human rights of migrants, on extrajudicial, summary or arbitrary executions, as well as on torture and other cruel, inhuman or degrading treatment or punishment urge the Algerian government to take all necessary measures to ensure the protection of the rights and freedoms of the individuals mentioned in their letter, to initiate inquiries into the violations allegedly perpetrated by Algerian security forces and bring those responsible to justice and to adopt all the necessary measures to prevent the repetition of the facts mentioned

The 3 Special Rapporteurs on the human rights, González Morales, Agnes Callamard and Nils Melzer sent a letter to the Algerian government concerning allegations of extrajudicial killings of two Sahrawi refugees by Algerian security forces at a mining site south of the Algerian town of Auinet Balakraa.  These violations, according to the letter, are said to be part of a more general trend of systematic violations allegedly committed by the Algerian security forces against Saharawi refugees and migrant minors.

According to the information received by the Special Rapporteurs, a group of Saharawi gold diggers residing in the refugee camp was allegedly surprised by an Algerian army patrol near the “Dakhla” camp in the Tindbuf camps in Algeria.  Sources say the refugees were looking for gold at an unauthorized mining site.   After hearing gunshots apparently fired in their direction by Algerian soldiers, the Sahrawi refugees reportedly rushed into the six-meter-deep trench and refused to come out, fearing that they would be killed. Eye witnesses reported that the military patrol set the mining pit on fire with blankets soaked in gasoline and left the place without worrying about the fate of the refugees and without providing them with assistance: this resulted in the death of two refugee minors, Maha Ould Hamdi Oudl Suielem, 42, and Ali Idrissi, 34 who tried to escape the blaze, but died of serious injuries.  The other miners managed to escape.   Death caused by fire in the mining pit that was allegedly caused intentionally by an Algerian army patrol could amount to summary and arbitrary execution.

The incident sparked a series of protests in Tindouf where refugees demanded justice for the two deceased Sahrawis.  The letter adds that these violations seem to be part of a more general trend of systematic violations allegedly committed by the Algerian security forces against Saharawi refugees and migrant minors.  The letter also mentions other similar incidents of alleged abuse of migrant minors by Algerian security forces twice on May 2020 and on January 1, 2020.  Repression and discriminatory practices against refugees were reportedly increased during the state of emergency linked to the COVID – 19 pandemic in the Tindouf camps.  In this context, the families of the victims fear reprisals and report the cases to the authorities.  Incidents involving excessive use of force by Algerian security forces against Saharawi refugees and migrant minors are not investigated.

The Special Rapporteurs urge the Government of Algeria of do the following:  ensure that security forces and law enforcement officials act in accordance with the rule of law and human rights standards; conduct prompt, thorough, independent and impartial investigations into all allegations of human rights violations committed against migrant minors, and in particular with regard to the circumstances relating to the deaths of the two Sahrawi refugees highlighted in their letter.  In particular with a view to initiating any appropriate disciplinary and judicial action and ensuring that anyone guilty of the alleged violations is brought to justice, but also with a view to providing adequate reparation and compensation to the families of the victims.

The Special Rapporteurs then kindly asked the cooperation of the Algerian authorities to clarify the cases that have been brought to their attention. Regarding the concerns expressed on human rights violations allegedly committed against Saharawi refugees and migrant minors, the Algerian government is asked to indicate what measures the government is taking or has taken to prevent and investigate the excessive use of force by the police against these vulnerable populations.  Also, provide information on the specific measures taken to mitigate the disproportionate effects that emergency measures in the face of COVID – 19 may have on vulnerable groups, in particular migrants and refugees, in particular, measures to mitigate the impact on the loss of many jobs or other sources of income for refugees