ALGERIA Christian charged with proselytism risks 5 years in prison

By Willy Fautré (Human Rights Without Frontiers )
 
HRWF (12.05.2011) - Krimo Siaghi, an Algerian Christian, who was arrested on 14 April by security services in Oran on the grounds of proselytism, west of Algiers was taken to court on 4 May. He risks 5 years in prison.
 
According to reports, Krimo simply started a discussion with some neighbours on the subject of Christianity. He was answering their questions when they turned against him, accused him of proselytizing (illegal in Algeria) and reported him to the police. The police thensearched Krimo's house, confiscating books, CDs and computer equipment.
 
Some neighbours have denounced the arrest and questioned it when the constitution is supposed to guarantee religious freedom. The president of the Protestant Church Algeria (EPA), Mustapha Krim, said the EPA will appoint a lawyer to defend Krimo and challenge the Ministry of Religious Affairs and the Interior Ministry.
 
Algeria's constitution guarantees freedom of religion, but loose terminology in its penal code - such as Article 144, which calls for up to five years of prison for "anyone who offends the Prophet and denigrates the tenets of Islam" - has allowed judges to give Islamic practice the force of law.  
 
Under Ordinance 06-03 passed in February 2006, Algerians can be fined up to 1 million dinars (US$16,405) and sentenced to five years in prison for printing, storing or distributing materials intended to convert Muslims away from Islam.
 
The international community has been vocal about the Algerian government's stance toward Christians. On June 6, some 30 U.S. congressmen sent a letter to Algerian President Abdelaziz Bouteflika. They addressed human rights violations resulting from Ordinance 06-03, which has resulted in the closures of churches and criminal charges against Christians.
 
Freedom of religion or belief in Algeria: Constitutional and legal framework
 
On 14 April 2008, Algeria went through the Universal Periodic Review at the UN in Geneva. Concerning the accusations of restrictions to religious freedom, its delegation answered:
 
"523. The Algerian Constitution specifically guarantees the inviolability of freedom of thought, of conscience, and of religion in article 37[i] which states that "Freedom of creed and opinion inviolable". Moreover, this freedom can not in any circumstance constitute a condition of discrimination before the law.
 
524. Article 29 of the Constitution provides in this regard that « All citizens are equal before the law. No discrimination shall prevail because of bind, race, sex, opinion or any other personal or social condition or circumstance.» In Algeria, and unlike some allegations, Law nr 63-278 of 26 July 1963 fixing the list of public holidays recognizes as paid non-working days not only Muslim festivals but also Christian and Jewish festivals applicable to the persons professing these different religions. The Algerian delegation is wondering whether the same tolerance exists in the countries where the main international NGOs have their seats. Moreover, since the Independence, the celebration ceremonies are broadcast live on the national radio without any discrimination.
 
525. Ordinance nr 06-03 of 28 February 2006 fixing the conditions and the regulations concerning the practice of non-Muslim religions led to numerous comments.  Article 2 of this text explicitly provides that « The Algerian State guarantees the free exercise of religion in the framework of the respect of the provisions of the Constitution, of this Ordinance, of the laws and regulations in force, of public order and the fundamental freedoms of the other persons. The State also guarantees tolerance and respect between the various religions.» The said provisions concerning non-Muslim religions are only an extension to these religions of those already in force and applicable to the Muslim religion:
 
·         Ordinance 77-03 of 19 February 1997 concerning religious collections
·         Executive decree 91-81 of 23 March 1991 concerning mosques
·         Article 87 bis of Law 01-09 of 26 June 2001.
 
526. Ordinance of 28 February 2006 fills in a juridical gap. It was adopted in the aftermath of numerous requests from citizens who noted that under cover of religious freedom an aggressive proselytism was instrumentalizing their current problems sowing confusion and division in the families and the communities. Moreover, these destabilizing activities are carried out by non qualified, non recognized and non authorizes persons.  In fact, what is applicable to Islam, the majority religion in Algeria, was extended to the other religions on the basis of the non-discrimination principle. It is an oxymoron to accuse Algeria of intolerance, a country which is proud to be the motherland of Emir Abdelkader, who saved persecuted Christians. Moreover, Evangelical proselytism which destabilizes interreligious coexistence equally affects today African countries predominantly Christian and Muslim."
 
Human Rights Without Frontiers calls upon Algerian Muslims and associations in EU countries (France, Belgium, etc.) where they enjoy freedom of religion and freedom of expression to defend Christians in their country of origin.