293. In accordance with that decision, at its 1147th meeting, held on
9 April 1992, the Committee adopted the following comments.
Introduction
294. The Committee notes that the dialogue with the Algerian delegation was
particularly constructive/ because the delegation endeavoured to answer
members' questions candidly without trying to conceal the difficulties. It
thanks the State party through the latter's representative for its good
report, which was submitted within the specified period. The report contains
detailed information on the laws and regulations relating to the application
of the provisions of the Covenant. The Committee regrets, however, that the
report includes little information concerning the actual application of human
rights standards. It also regrets the failure of the report to indicate the
factors and difficulties that are impeding the application of those
standards. Lastly, it notes with regret that the report, having been
submitted on 5 April 1991, could make no reference to the states of emergency,
notification of which reached the Secretary-General on 19 June and
13 February 1992, respectively.
1.
Positive aspects
295. The Committee notes with satisfaction that Algeria has ratified or
acceded to a number of international human rights instruments, in particular
the Covenant and the first Optional Protocol thereto, and has made the
declaration provided for in article 41 of the Covenant. In addition, Algeria
has included in its Constitution various provisions relating to human rights
and has amended a number of legislative texts in order to reflect
international human rights standards. The Committee also notes with
satisfaction the establishment of a Ministry of Human Rights, later replaced
by a national human rights monitoring body.
2.
Factors and difficulties impeding
the application of the Covenant
296. The Committee notes that at the time of the submission of the report,
Algeria was in a process of transition to democracy. Since that time, Algeria
has been faced with substantial difficulties that have brought this process to
a standstill. The Algerian authorities, therefore, considered such ways and
means as seemed appropriate to them to prevent forces that they considered
hostile to democracy from taking advantage of democratic procedure in order to
harm democracy. Among the measures adopted in this respect are the
proclamation of the two states of emergency and the interruption of the
electoral process.
3.
Principal subjects of concern
297. The Committee expresses its concern regarding the suspension of the
democratic process and, in general, regarding the blocking of democratic
mechanisms. It is concerned about the high number of arrests (8,800) and the
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