Algerian Authorities Ramp Up Arbitrary Travel Bans Against Critics, Violating Freedom of Movement

The arbitrary travel bans have been imposed without formal notice, often without any legal basis, and are typically extended for indefinite periods.

Human Rights Watch and MENA Rights Group have condemned the increasing use of arbitrary travel bans by Algerian authorities as a tool to silence critics and repress dissent. These travel restrictions have been disproportionately targeted at civil society activists, opposition leaders, journalists, union members, and others critical of the government. These bans violate basic human rights and effectively hinder individuals from exercising their right to freedom of movement.

Abuse of Travel Bans to Suppress Dissent

The arbitrary travel bans have been imposed without formal notice, often without any legal basis, and are typically extended for indefinite periods. Individuals subjected to these bans face severe restrictions, including family separation, disruption to their work, and long-term mental health impacts. Many of these bans remain impossible to challenge due to the lack of transparency and due process.

“These travel bans are part of a broader campaign to harass government critics, aiming to silence dissent and dismantle civil society,” said Bassam Khawaja, Deputy Middle East and North Africa Director at Human Rights Watch. “Even individuals who have served unjust convictions or have been acquitted continue to face these punitive measures.”

Legal Framework and Violations

Algerian laws, including Article 49 of the Constitution and Article 36 bis 1 of the Criminal Procedure Code, outline the legal framework for imposing travel bans. According to these laws, travel bans are supposed to be temporary, clearly justified, and officially documented. However, in practice, the bans are frequently extended beyond legal limits, and formal notices are not provided, leaving many people unaware of the legal grounds for their restrictions.

In a number of cases documented by Human Rights Watch and MENA Rights Group, individuals learned about their travel bans only when attempting to leave the country. Moreover, these bans often exceed the legal duration, with some individuals prevented from traveling for years without any formal explanation. In certain cases, court rulings overturning bans were ignored, and individuals were still stopped from traveling.

Documented Cases of Arbitrary Travel Bans

Mustapha Bendjama, a journalist who has been repeatedly harassed by security forces for his role in covering Algeria's 2019 Hirak protest movement, has faced several arbitrary travel bans since 2019. Despite being acquitted and receiving assurances that his ban was lifted, Bendjama has been denied the right to travel on multiple occasions, with no formal justification provided.

Another case is that of Kaddour Chouicha, a former vice president of the Algerian League for the Defense of Human Rights, who was prevented from traveling for nearly two years. Although he was never informed of the reasons behind the travel ban, Chouicha eventually filed a complaint with the court, but it was rejected on the grounds that he could not provide proof of the restriction. It wasn't until March 2024 that Chouicha was finally able to leave Algeria.

Impact on Activists in Diaspora

The Algerian diaspora has not been exempt from these arbitrary bans. Three Algerian-Canadian activists were prevented from returning to Canada between January and April 2022 due to their involvement in the Hirak movement. These individuals were questioned by authorities about their activities and were not informed of the legal basis for the restrictions.

Similarly, Merzoug Touati, an activist and blogger with a history of imprisonment for his free speech, was arbitrarily placed under a travel ban in December 2022. His requests for clarity on the basis for the ban were met with silence, and his passport renewal request was arbitrarily denied. Despite being subjected to judicial supervision, Touati remains unable to leave Algeria.

Call for Reform and Accountability

Human Rights Watch and MENA Rights Group urge Algerian authorities to immediately cease the arbitrary imposition of travel bans and ensure that any restrictions on freedom of movement are consistent with Algerian law and international human rights standards. The organizations call for transparency in the travel ban process, formal notification of those affected, and an appeals process to allow individuals to challenge arbitrary restrictions.

Furthermore, legislative reforms are necessary to align Algeria’s legal framework with international human rights standards regarding the right to freedom of movement, ensuring that travel bans are only imposed through judicial orders and are not left to the discretion of prosecutors and security forces.

International Obligations and Violations

Algeria is a signatory to both the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, both of which guarantee the right to freedom of movement. The United Nations Human Rights Committee has made it clear that any restriction on movement must be based on legitimate grounds such as national security or public order, and must be necessary in a democratic society. In addition, restrictions must be justified and provided by law, with authorities required to disclose the reasons for the restrictions.

Alexis Thiry, legal advisor at MENA Rights Group, warned that Algeria’s extensive use of arbitrary travel bans is a significant violation of its international obligations, calling it “alarming” and emphasizing the devastating impact on the affected individuals and their ability to participate in international human rights advocacy.

Widespread Use and Growing Trend

The issue of arbitrary travel bans has been escalating since 2022, with 23 cases documented so far. Human Rights Watch and MENA Rights Group have expressed concern that this practice is not only wide-spread, but is becoming a growing trend. The authorities' continued use of this tool to suppress dissent and target critics represents a direct attack on freedom of speech and fundamental human rights in Algeria.