The silence and manipulations of the military regime no longer work. Algeria must assume its responsibilities. Moreover, under international law, there can be no delegation of sovereignty, since the Tindouf camps are under its authority and responsibility.
These camps have become, for nearly half a century, the scene of serious human rights violations perpetrated, with impunity, by the armed militias of the “polisario” with the complicity of the Algerian army. The Algeria-polisario tandem has imposed a state of military and media siege on the populations sequestered in the camps of Tindouf where it conducts a policy of terror against a heavily weakened population.
However, Algeria, as a signatory to the Covenant on Civil and Political Rights, has undertaken, in accordance with Article 2, to guarantee to all individuals within its territory and subject to its jurisdiction the rights recognized in the Covenant, and to provide an effective and enforceable remedy when a violation is established.
Nevertheless, the decision of the United Nations Human Rights Committee (HRC) attests to the contrary, since the Committee adopted, during its 134th session, an opinion against Algeria in the context of a complaint filed on behalf of a former “polisario” member, M’Rabih Ahmed Mahmoud Adda, who was able to flee his torturers to settle in Mauritania.
The Committee, which is the UN body of reference in matters of human rights, issued an opinion in favor of the complainant, “for abduction, arbitrary detention, torture and degrading and inhuman treatment,” in retaliation for his participation in demonstrations against the leadership of the “polisario”, while attributing responsibility to Algeria.
This opinion, which has the value of an official “rejection” of the existence of the puppet entity, unequivocally castigates Algeria and ineluctably recognizes its status as a party to the Moroccan Sahara conflict.
This is not an isolated case. Already in 2018, the Committee had, in its concluding observations on the fourth periodic report of Algeria adopted at its 123rd session, expressed “its deep concern about the de facto devolution by the Algerian State of its powers, including jurisdictional powers, to the polisario.
It stressed that this situation is contrary to the obligations of the State party, according to which it must respect and ensure the rights recognized in the Covenant to all individuals within its territory.
This de facto devolution of Algeria’s prerogatives to the “polisario”, on part of its territory, has created a jurisdictional vacuum, depriving the local populations of access to the institutions of judicial recourse or equity of the host country and this, in total violation of the international Conventions and Treaties signed by the Algerian regime.
The same concern was reiterated in the report of the Secretary General of the United Nations (No. S/2018/889, para. 67), particularly that relating to the lack of access of victims in the Tindouf camps to remedies before the courts of the State Party.
This legal vacuum has been exploited by the “polisario” and the Algerian army to systematically repress anyone expressing an opinion different from the “polisario” leadership, or daring to criticize the depravity and clientelism rampant in the Tindouf camps.
The Working Group on Arbitrary Detention (WGAD) had also singled out Algeria in its Opinion 7/2020, adopted during its 87th session, following the abduction of the opponent El Fadel Breica, who was tortured and illegally detained for nearly 5 months by the “polisario” leadership.
The WGAD stressed, in this context, that “the responsibility of Algeria is engaged, as long as these violations were committed on Algerian territory and therefore under Algerian territorial jurisdiction.
The case of M’Rabih Ahmed Mahmoud Adda also raises the issue of the recruitment of child soldiers by the “polisario”, which operates with impunity on Algerian territory and in flagrant violation of international law, since he too has been enlisted and indoctrinated since the age of 15.
Source: Agency Morocaine De Presse