UNHCR position paper on the return of Algerian nationals found not to be in need of international protection

Algeria continues to be perceived by many observers to be making sustained efforts towards establishing peace and security on its territory. However, the national reconciliation process remains fragile and there are continuing reports of human rights abuses in the country. The Law on Civil Harmony (adopted in July 1999 and overwhelmingly endorsed in a national referendum in September 1999) did not bring an end to the political violence, and indiscriminate attacks on civilians by armed groups, as well as clashes between the latter and the government forces, continue to take place. In light of this situation, Algeria continues to produce a significant number of persons in need of international protection. According to UNHCR statistics, 9,977 Algerian nationals sought asylum worldwide in 2003.
UNHCR is concerned that asylum seekers found not to be in need of international protection, who are returned to Algeria may face hostile treatment due to the Algerian Government's perception that such persons may have been involved in international terrorism. In this regard, it should be noted that both the Groupe Salafist pour la Predication et le Combat and the Groupe Islamique Arme have been listed as proscribed organizations by the United States in the wake of the events of 11 September 2001. Further, there are public reports that European (e.g., Spanish, Italian, German, French and British) intelligence/security authorities have uncovered networks related to these groups in recent months. It is alleged that these networks operate within the context of Algerian and other North African migrant communities in Europe.
While UNHCR would not consider it within its purview to comment on the substance of such reports, it is noted that the above factors contribute to the suspicion with which rejected asylum seekers would be treated upon return to Algeria, notably those persons who have had prior links to Islamist movements. Therefore, there is a strong presumption that such persons may be subject to persecutory treatment upon return. While it could be expected that such persons may have a valid claim regarding real or imputed political opinion, it has been observed that certain asylum countries use unduly stringent criteria in their refugee determination processes, both on the interpretation of the refugee definition and on their credibility tests, and therefore some such applicants may have been improperly rejected.
In view of the foregoing, UNHCR urges States to use appropriate care in applying the 1951 Convention criteria and in particular to consider within that determination the potential risks associated with prolonged stay abroad, particularly for those perceived to have links with Islamic groups.
Therefore, UNHCR continues to emphasize the need to exercise the utmost caution when considering the forced return of rejected asylum seekers to Algeria. The Office also reminds States of their obligations to consider the complementary forms of protection afforded by other international human rights instruments, such as the 1950 European Convention on Human Rights, and the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, especially to cases within the categories mentioned above.
The position represents the recommendation of UNHCR as at December 2004, and supersedes all earlier advisories in this regard.
UNHCR Geneva
December 2004