Algeria: Recruitment to the National Service; methods used by the Algerian authorities to locate draft evaders

1. Recruitment by the National Service

Article 1 of the National Service Code (Code du service national) of 1974 indicates that service is obligatory for [translation] "for all individuals of Algerian nationality over 19 years of age" (Algeria 1974).

1.1 Registration of Recruits

The website of the Ministry of National Defence indicates that registration is a mandatory administrative procedure that must be completed by [translation] "every Algerian citizen ... as soon as they reach 18 years of age" (Algeria n.d.). The website emphasizes that [translation] "failure to register ... results in the loss of the right to a stay, a postponed enlistment or an exemption" (ibid.). Recruits must register [translation] "in the municipality of their birth or residence" and submit their national identity card, birth certificate and two photographs (ibid.). Recruits are then issued [translation] "a certificate of registration" (ibid.). The registration period is conducted annually from 2 January to 1 March (ibid.). The launch of the registration period [translation] "is brought to the attention of citizens through the press...and posters on public buildings (government buildings, stations, public spaces)" (ibid.).

1.2 Selection of Recruits

The Ministry of Defence notes that, following registration, citizens receive notification that they must report [translation] "to the National Service Centre or to the National Service Home Office in order to undergo medical screening" (ibid.). Citizens over 19 years of age who have not received notification to undergo a medical examination must contact their [translation] "reporting unit" (ibid.). In addition, the Ministry of Defence's website notes that [translation] "citizens who do not show up for medical screening will be declared common military absentees to the National Service and will lose the right to a stay, a postponed enlistment and an exemption" (ibid.).

Following the medical screening, recruits are deemed fit or unfit for service (ibid.).

1.3 Call for Recruits

The Ministry of Defence's website notes that, one month prior to the beginning of service, recruits who are not continuing their studies receive, at their place of residence, a convening order from the national gendarmerie, for which they must confirm receipt (ibid.). The Ministry of Defence adds that [translation] "as soon as" the recruits receive the convening order, they must contact their enlistment unit [translation] "on the set date, without delay" (ibid.).

Article 16 of the National Service Code states:

[translation]

Any citizen who is called to fulfill his national service obligations and is properly notified of his marching orders will be considered a draft evader if he does not report to the designated site for his enlistment within thirty days after the date indicated in the marching orders referred to above, unless the delay is caused by circumstances beyond his control (Algeria 1974).

For further information on draft evasion in Algeria, see Response to Information Request DZA104203.

Recruits who have not been notifified [translation] "may report to their National Service Centre or the Wilaya's National Service Office for inclusion in the next draft" (ibid. n.d.).

1.4 Whether it Is Possible to Not Receive Notification

In correspondence with the Research Directorate dated 10 January 2014, a visiting professor and associate researcher at Cambridge University who specializes in the Middle-East and North Africa stated that [translation] "because individuals must register for enlistment, they will not receive notification in writing if they did not register" (Visiting Professor 10 Jan. 2013). Further, the Professor noted that, since only part of the student population is conscripted, it is possible that an individual might not receive written notification for that reason alone (ibid.). The Professor added that, given that the postal services in the remote areas of the country are not reliable, it is also possible that someone might not receive notification (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Methods Used to Locate Draft Evaders

The Visiting Professor stated that the Algerian authorities have access to an [translation] "integrated system" that contains information on the status of individuals with respect to enlistment (ibid.). The Professor added that [translation] "all individuals identified as draft evaders will be turned over to the military police to stand trial before a military tribunal" (ibid.). An individual in such a situation would then face "imprisonment at the Blinda military prison or, much more likely, would be handed over to his military unit to fulfil his military service obligations" (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Arrests of Draft Evaders in Kabylie

According to an article published on 18 September 2013 in Siwel, [translation] "a free and independent news agency ... launched by the interim Kabyle government" (Siwel 11 Jan. 2011), the Algerian authorities reportedly arrested [translation] "approximately ten young people" at Dwala [a city in the province of Tizi Ouzou] (ibid. 18 Sept. 2013). According to Siwel, the young people who were arrested were reportedly [translation] "subject to ... investigations with regard to their situation vis-à-vis the National Service" (ibid.). The article also notes that this type of arrest is made only in Kabylia, despite the fact that the military barracks [translation] "refuse to accept new recruits" because there are already too many soldiers (ibid.).

Another Siwel article, published on 11 November 2012, states that in the cities of Wizgan, Frèha and Iaâzuggen [cities in the province of Tizi Ouzou], the Algerian authorities [translation] "target young Kabyles, under the pretext that these youth have not resolved their situation vis-à-vis the National Service" (Siwel 11 Nov. 2012). The article also notes that 2 youth from At Wizgan, 9 from Frèha and 13 from Iaâzuggen, were summoned to court in the previous days and would be forced to perform their military service (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Algeria. 1974. Code du service national. [Accessed 8 Jan. 2014]

_____. N.d. Ministère de la Défense nationale. [Accessed 21 Jan. 2014]

Siwel - Agence kabyle d'information. 18 September 2013. "Kabylie : Des jeunes emmenés de force dans les casernes de l'armée." [Accessed 15 Jan. 2014]

_____. 11 November 2012. "Algérie : l'armée enlève des jeunes kabyles pour les enrôler de force dans ses rangs." [Accessed 15 Jan. 2014]

_____. 11 January 2011. "À propos de SIWEL." [Accessed 15 Jan. 2014]

Visiting Professor and Associate Researcher at Cambridge University, United Kingdom. 10 January 2014. Correspondence sent to the Research Directorate.

Additional Sources Consulted

Oral sources: Attempts to contact representatives from the following organizations and agencies were unsuccessful: Algeria - Embassy in Ottawa, General Consulate in Montreal, Ministry of National Defence; La maison des droits de l'homme et du citoyen à Tizi Ouzou; Ligue algérienne des droits de l'homme; Ligue algérienne pour la défense des droits de l'homme.

Internet sites, including: All Africa; Amnesty International; L'Authentique; Le Citoyen; La Dépêche; Ech Chorouk El Youmi; ecoi.net; El Moudjahid; El Watan; L'Expression; Factiva; Human Rights Watch; Info Soir; Institute for War and Peace Reporting; International Crisis Group; International Federation for Human Rights; Jeune Afrique; Le Jeune Indépendant; Liberté; Le Maghreb; Midi Libre; Minority Rights Group International; Le Quotidien d'Oran; Le Soir d'Algérie; Switzerland - Swiss Refugee Council; Le Temps d'Algérie; La Tribune; United Kingdom - Country-of-origin information (COI) report; United Nations - High Commissioner for Refugees, UN Development Programme, Refworld, Integrated Regional Information Networks, UNICEF; United States - Overseas Security Advisory Council; War Resisters' International.