Country/entity
Algeria
Region
Middle East and North Africa
Agreement name
Civil Harmony Act
Date
13/07/1999
Agreement status
Unilateral document
Interim arrangement
No
Agreement/conflict level
Intrastate/intrastate conflict (Algerian Civil War (1990 - 1998)
The conflict has involved secularist and Islamic political forces. After the Front Islamique du Salut (FIS) won local councils and the first round of national elections in 1990 and 1991 respectively, the ruling state party, Front Libération National (FLN) dissolved Algeria’s parliament and suspended the constitution and the army council took over the reins of government. After protests by FIS, the military regime imposed a state of emergency, effectively triggering off a bloody civil war as Islamist militias rose in opposition. The FIS split, and the breakaway Groupe Islamique Armé (GIA) became known for some of the most violent anti-government actors. Violence peaked in 1995 after the military candidate won in presidential elections. Heavily pressured by the military, FIS-loyalists declared a ceasefire in 1997 and after presidential elections in 1999, President Abdelaziz Bouteflika enacted a new amnesty law, which saw the number of insurgents shrink dramatically. By 2002, the GIA was effectively beaten militarily, however, various small Islamist groups continue to operate in the region.
Algerian Civil War (1990 - 1998) )
Stage
Framework/substantive - partial (Core issue)
Conflict nature
Government
Peace process
3: Algeria: Bouteflika Process
Parties
President and parliament of Algeria (signed by Abdelaziz Bouteflika, President of Algeria)
Third parties
Description
This law which emerged as a result of informal negotiations, as a 'unilateral' offering, provides for how to deal with past crimes and reconciliation.

Agreement document
DZ_990713_Civil Harmony Act.pdf []

Agreement document (original language)
DZ_990720_Loi sur la concorde civile.pdf []

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
Page 2, Chapter III, Probation, Art. 3,
Any person who was part of one of the organizations referred to in article 87 bis 3 of the penal code, either inside or outside of the country, will not be prosecuted. This will only be the case if they have not committed or participated in any of the offenses provided for in article 87 bis of the penal code that led to the death of or permanent disability of a man, rape, and have not used explosives in public places. They must, within a period of six (6) months from the date this act comes into force, notify the competent authorities that they have ceased any terrorist or subversive activity, and must voluntarily present themselves to these authorities. 

Page 2, Chapter III, Probation, Art. 7,
The following will benefit from probation measures , according to the time periods and conditions hereinafter determined: persons who were part of one of the organizations referred to in article 87 bis 3 of the penal code and who, within a period of six (6) months from the date this act comes into force have notified the competent authorities that they have ceased any terrorist or subversive activity, and have presented themselves, individually or collectively, to these authorities. 
Persons who have committed or participated in crimes that led to the death of a man, in collective massacres, in bombings in public places, or rape, will be excluded from the benefits described in this article.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

State definition
No specific mention.

Governance

Political institutions (new or reformed)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
No specific mention.
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL
[Summary] Human rights are addressed as relevant for the procedures related to amnesty:

Page 4, Chapter III, Probation, Art 16:
During all phases of the probation procedure, human rights must be guaranteed and respected.
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
No specific mention.
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
No specific mention.

Justice sector reform

Criminal justice and emergency law
Reform to specific laws
Pages 2-7, [Summary] This whole document outlines procedures related to the treatment of amnesty under Algeria's criminal law provisions, providing for exemption from prosecution and probation.
State of emergency provisions
No specific mention.
Judiciary and courts
No specific mention.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
No specific mention.
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
No specific mention.
DDR
DDR programmes
Page 2, Chapter III, Probation, Art 8,
Notwithstanding the provisions of article 7, the following may benefit from probation: persons who were part of one of the organizations referred to in article 87 bis 3 of the penal code who have not committed collective massacres or used explosives in public places, and who have collectively and voluntarily informed, within three months of the date this Act comes into force, the competent authorities that they have ceased any terrorist or subversive activity, and that have presented themselves to these authorities and agreed to participate, under the authority of the State, in the fight against terrorism. 
The persons who are part of one of the organizations referred to in the preceding paragraph are required to declare, in a sincere manner, any explosives, ammunition, and equipment in their possession, and submit these to the authorities to which they present themselves.
The same declaration must include, in addition, any acts that they have committed or in which they have participated,
The methods application of this Article will be specified, as necessary, by regulatory means.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
Page 1, Chapter 1, General Provisions, Art.1,
This Act is part of the plan for the recovering civil harmony. Its goal is to establish specific measures with a view to resolving issues related to people involved or previously involved in acts of terrorism or subversion who have expressed their willingness to stop, in true conscience, their criminal activities, by giving them the opportunity to accomplish through reintegration into society. 
In order to benefit from the provisions of the present act, the persons referred to in the previous subparagraph must notify the competent authorities that they have ceased any terrorist activity, and present themselves to these authorities.

Page 2, Chapter II, Exemption from Prosecution, Art.3,
Any person who was part of one of the organizations referred to in article 87 bis 3 of the penal code, either inside or outside of the country, will not be prosecuted. This will only be the case if they have not committed or participated in any of the offenses provided for in article 87 bis of the penal code that led to the death of or permanent disability of a man, rape, and have not used explosives in public places. They must, within a period of six (6) months from the date this act comes into force, notify the competent authorities that they have ceased any terrorist or subversive activity, and must voluntarily present themselves to these authorities. 

Page 2, Chapter III, Probation, Art. 7,
The following will benefit from probation measures , according to the time periods and conditions hereinafter determined: persons who were part of one of the organizations referred to in article 87 bis 3 of the penal code and who, within a period of six (6) months from the date this act comes into force have notified the competent authorities that they have ceased any terrorist or subversive activity, and have presented themselves, individually or collectively, to these authorities. 
Persons who have committed or participated in crimes that led to the death of a man, in collective massacres, in bombings in public places, or rape, will be excluded from the benefits described in this article.
Art. 8.- Notwithstanding the provisions of article 7, the following may benefit from probation: persons who were part of one of the organizations referred to in article 87 bis 3 of the penal code who have not committed collective massacres or used explosives in public places, and who have collectively and voluntarily informed, within three months of the date this Act comes into force, the competent authorities that they have ceased any terrorist or subversive activity, and that have presented themselves to these authorities and agreed to participate, under the authority of the State, in the fight against terrorism. 

Page 3, Chapter III, Probation, Art. 13,
Without prejudice towards the other provisions of this Act, individuals eligible for probation who agree to serve the State in the fight against terrorism and subversion will subject to a maximum probation period of five (5) years, and will not be subject to the measures provided for in Article 8 (1) of the penal code,

Page 5, Chapter IV, Mitigation of Sentences, Art. 27,
The following will benefit from a sentence mitigation: persons who were part of one of the organizations referred to in article 87 bis 3 of the penal code who have ceased any terrorist or subversive activity, who voluntarily present themselves to the competent authorities within a period of three (03) months from the date this Act comes into force, who have not been put under probation, and who have not committed acts of collective massacres, nor used explosives in public places. The conditions of this sentence mitigation follow:
Imprisonment of twelve (12) years maximum, when the maximum penalty by law is the death penalty or life imprisonment;
Imprisonment of seven (07) years maximum, when the maximum penalty by law is greater than ten (10) and less than twenty (20) years of imprisonment;
Imprisonment of three (03) years maximum, when the maximum penalty by law is equal to ten (10) years.
In all other cases, the maximum penalty is reduced by half.

Page 5-6, Chapter IV, Mitigation of Sentences, Art. 29,
In all other cases, persons who were part of one of the organizations referred to in article 87 bis 3 of the penal code who have ceased any terrorist or subversive activity, who voluntarily present themselves to the competent authorities within a period of three (06) months from the date this Act comes into force, will benefit from a reduction of sentence according to the following conditions:
Imprisonment of fifteen (15) to twenty (20) years when the penalty by law is the death penalty;
Imprisonment of ten (10) to fifteen (15) years when the penalty by law is life imprisonment.
In all other cases, the maximum penalty is reduced by half.

Page 6, Chapter VI, Special Provisions, Art. 38,
Persons who had presented themselves voluntarily to the competent authorities and who had informed them that they ceased any terrorist or subversive activity before the date this Act comes into force, and who are under accusation, detained or not, can benefit, if they meet the conditions for probation, release, postponement of sentence, depending on the case and notwithstanding any provision to the contrary, and will be subject to the probation regime.
During the probation, the postponement of the sentence may become parole for a period not exceeding the remainder of the sentence and in any case not exceeding the probation period.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
Amnesty/pardon proper
[Pages 2-7, Summary: This whole document outlines procedures related to the treatment of amnesty under Algeria's criminal law provisions, providing for exemption from prosecution and probation.]
Courts
National courts
Page 7, Page 6, Chapter VI, Special Provisions, Art. 40,
In the case public action being taken, victims of the acts provided for in article 87 bis of the penal code, or beneficiaries of said acts, may sue for criminal damage and claim compensation for the prejudice suffered.
The damages that would be potentially granted in this case by the courts, would be deducted from compensation which might have been granted elsewhere, in line with current legislation. The State will be responsible for their payment, and will be able to take recourse action against the debtor to recover, where appropriate, the amounts by them paid.
The methods of application of this Article will be determined by regulatory means.
Mechanism
No specific mention.
Prisoner release
Page 6, Chapter VI, Special Provisions, Art. 36,
Persons referred to in Article 3 who are under accusation, detained or not, as of the date this Act comes into force, will benefit from it.

Page 6, Chapter VI, Special Provisions, Art. 37,
Persons referred to in Article 3,  who are sentenced inmates as of the date this Act comes into force, will benefit from immediate parole for the remainder of their sentence, notwithstanding any provision to the contrary.

Page 6, Chapter VI, Special Provisions, Art. 38,
Persons who had presented themselves voluntarily to the competent authorities and who had informed them that they ceased any terrorist or subversive activity before the date this Act comes into force, and who are under accusation, detained or not, can benefit, if they meet the conditions for probation, release, postponement of sentence, depending on the case and notwithstanding any provision to the contrary, and will be subject to the probation regime.
During the probation, the postponement of the sentence may become parole for a period not exceeding the remainder of the sentence and in any case not exceeding the probation period.
Vetting
No specific mention.
Victims
Page 7, Page 6, Chapter VI, Special Provisions, Art. 40,
In the case public action being taken, victims of the acts provided for in article 87 bis of the penal code, or beneficiaries of said acts, may sue for criminal damage and claim compensation for the prejudice suffered.
The damages that would be potentially granted in this case by the courts, would be deducted from compensation which might have been granted elsewhere, in line with current legislation. The State will be responsible for their payment, and will be able to take recourse action against the debtor to recover, where appropriate, the amounts by them paid.
The methods of application of this Article will be determined by regulatory means.
Missing persons
No specific mention.
Reparations
Material reparations
Page 7, Chapter VI, Special Provisions, Art. 40,
In the case public action being taken, victims of the acts provided for in article 87 bis of the penal code, or beneficiaries of said acts, may sue for criminal damage and claim compensation for the prejudice suffered.
The damages that would be potentially granted in this case by the courts, would be deducted from compensation which might have been granted elsewhere, in line with current legislation. The State will be responsible for their payment, and will be able to take recourse action against the debtor to recover, where appropriate, the amounts by them paid.
The methods of application of this Article will be determined by regulatory means.
Reconciliation
No specific mention.

Implementation

UN signatory
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
No specific mention.

The University of Edinburgh