ALGERIA / POLISARIO: WITH THE ENFORCED DISAPPEARANCE OF A YOUNG SAHRAWI ACTIVIST BY THE POLISARIO, THE ISSUE OF THE LACK OF PROTECTION OF REFUGEE RIGHTS IN TINDOUF ONCE AGAIN BEFORE THE HUMAN RIGHTS COMMITTEE

Alkarama recently submitted a new communication to the United Nations Human Rights Committee, denouncing the refusal of the Algerian authorities to intervene to protect Sahrawi victims of serious violations committed by Polisario agents in the camps. This time, it concerns Mr Mohamed Salem Malainine Souid, a young Sahrawi of Spanish nationality who was disappeared and tortured by the Polisario with the obvious connivance of the Algerian authorities.

This Sahrawi activist, who used social media to denounce the living conditions of refugees in the Tindouf camps, was abducted and brutally mistreated after filming protests against corruption and the diversion of humanitarian aid. He was released under popular pressure after three months of enforced disappearance. Although the Algerian military and judicial authorities were informed, they refused to help his family on the pretext that the victim was Sahrawi.

Having twice (in the cases of M'Rabih ADDA and Ahmed Khalil Mahmoud Braih) obtained the condemnation of Algeria by the Human Rights Committee for its refusal to hear the complaints of Sahrawis before its national courts, Alkarama hopes that this new communication will encourage the Algerian authorities to assume their responsibility to protect human rights in the camps.

Abduction and torture in the "Dhaibia" detention centre

In April 2023, Mr Malainine Souid, an activist active on social media in defence of refugee rights, travelled to the Tindouf camps, where his family still resides. On 28 April 2023, he filmed refugees intercepting tankers carrying fuel intended for smuggling to benefit Polisario officials. The next day, after being informed of the arrest of young demonstrators, Mr Malainine Souid tried to leave the camps with his sister and nephews. However, their vehicle was intercepted at an Algerian army checkpoint by Polisario agents, who violently beat Mr Malainine Souid before forcibly taking him away, while unconscious, in the boot of a vehicle in front of inert Algerian soldiers.

For three months, Mr Malainine Souid was secretly detained in the Polisario's unofficial "Dhaibia" centre, where he was held incommunicado and subjected to torture and ill-treatment in retaliation for his online activism.

Mr Malainine Souid's relatives have made numerous attempts to obtain information about his fate from the Algerian authorities and the Polisario, but to no avail. In the face of the authorities' inertia, the family and tribal members organised peaceful protests, culminating in a sit-in at the UN High Commissioner for Refugees in Rabouni. Fearing an escalation of the protests, the Polisario authorities finally released Mr Malainine Souid and other young protesters on 30 July 2023, after about three months of enforced disappearance.

Algeria's responsibility: Respecting and protecting the rights of refugees

Already questioned by the Committee for its refusal to intervene in cases of flagrant violations committed by the Polisario, Algeria justified itself by claiming to leave the Sahrawi refugees to organise their own administration in the camps. The Committee recalled, however, that since the camps were located on Algerian territory, the authorities could not evade their international responsibilities, in particular, to protect and guarantee respect for the human rights of all persons on their territory, without discrimination.

As a state party to the International Covenant on Civil and Political Rights (ICCPR), Algeria is obliged to respect and guarantee the rights of all persons on its territory, including the Sahrawi refugees in the Tindouf camps. Article 2 of the ICCPR stipulates that states must protect human rights against violations committed not only by their own agents but also by non-state entities such as the Polisario

Despite Algeria's symbolic recognition of the Sahrawi Arab Democratic Republic (SADR), the refugee camps remain on Algerian territory and all acts committed by Polisario agents engage the responsibility of the Algerian state. Therefore, under international law, Algeria must take effective measures to prevent human rights violations, including those committed by the Polisario, especially when they are in charge of maintaining order in the camps.

Systemic discrimination: Violation of Algeria's legal obligations towards the inhabitants of the Tindouf camps

In its complaint, Alkarama stressed that in the case of Mr Malainine Souid, Algeria had failed to fulfil its obligations to protect the rights of all persons on its territory. The day after the protests, when his vehicle was intercepted by Polisario agents at an Algerian army checkpoint, he was violently beaten and taken away in the boot of a vehicle in front of inactive Algerian soldiers. Secretly detained in the Polisario-run "Dhaibia" detention centre, Mr Souid was subjected to torture and ill-treatment and interrogated about his activism and the video he had released.

Mr Souid's relatives have made numerous attempts to obtain information about his fate from the Algerian authorities and the Polisario, but to no avail. In the face of inaction by the authorities, the family and tribal members organised peaceful protests, culminating in a sit-in at the UN High Commissioner for Refugees in Rabouni. Fearing an escalation of the protests, Polisario officials finally released Mr Souid and other young protesters on 30 July 2023, after about three months of enforced disappearance.

Despite the victim's calls for help during his arrest and his family's efforts during his enforced disappearance, the Algerian authorities deliberately chose not to intervene to protect Mr Souid, despite the obvious threat to his life. The Algerian public prosecutor also refused to intervene, arguing that it was a matter for the Polisario. This inaction by the Algerian authorities is based on the assumption that Mr Souid, as a Sahrawi, falls under the jurisdiction of the Polisario and not the Algerian authorities. This systematic discrimination has resulted in serious violations of the rights of Mr Souid and his family, placing them outside the protection of Algerian law and at the mercy of the Polisario, without any effective recourse to the courts.

In its complaint, Alkarama concludes that in the case of Mr Malainine Souid, Algeria has failed to fulfil its obligations to protect the rights of all persons on its territory on the discriminatory basis of the victim's Sahrawi identity. The organisation calls on Algeria to assume its international responsibilities towards the Sahrawi refugees in Tindouf and to take concrete measures to protect their rights and prevent such violations in the future.

For further information, please contact us at info@alkarama.org