Algerian Army Recruitment & Obligation
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Algeria: Obligations Regarding Military Service And The Reserve
1. Obligations Regarding Military Service
The National Service Code (Code du service national) of 1974 indicates that military service is obligatory for all men over 19 years of age (Algeria 1974a, Art. 1). The website of the Ministry of National Defence indicates that since 31 December 2011, all men over 30 years of age are exempted from this obligation and are eligible for regularization (ibid. n.d.a). According to a 2012 report by Child Soldiers International, an international human rights organization that “seek[s] to end the military recruitment and the use in hostilities, in any capacity, of any person under the age of 18” (Child Soldiers International n.d.), those who are 17 years of age can enlist in the Algerian army (ibid. 2012, 53). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
A document prepared by Conscience and Peace Tax International (CPTI), a non-profit organization with special consultative status with the UN that seeks the recognition of the right to conscientious objection to paying for armaments and war through taxes (CPTI n.d.), indicates that females are “completely debarred from any participation in the armed forces” (ibid. July 2007).
The National Service Code indicates that the duration of military service is two years (Algeria 1974a, Art. 3). However, the Algerian government indicates that in 2002, it was reduced to 18 months (ibid. n.d.b). Other sources also indicate that the duration of military service is 18 months (Child Soldiers International 2008, 44; US 11 Sept. 2012), and comprises basic training for 6 months and 12 months in civil projects (US 11 Sept. 2012). The website of the Ministry of Youth and Sports indicates that the initial six-month period consists of [translation] “shooting, mental and physical training, and simulation exercises in cases such as torture and sudden attacks” (Algeria n.d.b). The National Service Charter (Charte du service national) indicates that after the military training period, recruits perform activities in the economic, administrative, social, cultural or national defence fields (ibid. 1974b, 1015). However, the website of the Ministry of Youth and Sports indicates that in the 12-month period following the six-month military training, recruits are serving in the military land forces (ibid. n.d.b). In addition, the CPTI expressed the opinion that it is “unlikely that since the declaration of a state of emergency in 1992 any conscripts have in practice been allocated to civilian duties” (July 2007). Furthermore, a research response by the Refugee Review Tribunal (RRT) of Australia indicates that “in the past [the twelve months of service] have included economic, administrative, social, and civil projects besides actual military duties” (Australia 17 Jan. 2008).
The National Service Code states the following regarding the registration of potential recruits:
Art. 43. – One month prior to the start of the registration period, the walis [governors] shall notify their citizens, in the press, over the radio, and via posters, of all such information as may be necessary to assist young people called to register.
Art. 44. – The citizens concerned are required to register with the people’s community assembly for their place of domicile or residence.
Art. 45. – Every year, the chairperson of the people’s community assembly shall, between January 1 and March 1, tabulate the names of all citizens born or residing in the community who register and who will reach 18 years of age in the current year.
Art. 47. – Citizens living abroad are registered by diplomatic or consular missions
Art. 49. – All individuals registered in the national service shall provide a certificate of registration issued either by the people’s community assembly or by the consulates.
Art. 78. – Conscripts are classified, based on documentation provided by selection and orientation centres, as fit or unfit for national service.
Persons classified as permanently unfit are released from their military obligations. (Algeria 1974a)
The website of the Embassy of Algeria in Ottawa indicates that Algerians who reside in Canada and who reach 18 years of age must contact the consulates in Ottawa or Montreal for registration for military service purposes (ibid. n.d.c). According to the research response by the Refugee Review Tribunal of Australia, approximately 375,000 men reach their military service age each year (Australia 17 Jan. 2008). The CPTI cites a Military Balance report prepared by the International Institute of Strategic Studies which indicates that, based on estimations from 1997 to 2006, “the armed forces have the capacity to deal with only about 75,000 conscripts at a time” (CPTI July 2007). According to CPTI,
it is clear that a very large number simply fail to perform military service without receiving a formal exemption. The situation of such persons depends very much on how far the recruitment process has gone in their individual case. The majority however have benefited from a sequence of amnesties, inviting them to “regularize their military situation”, enabling them without service, and without penalty, to receive the “carte de dispense” [exemption card] which is presented to those who are exempted from military service (ibid.).
Australia’s Refugee Review Tribunal also indicates that National Service exemptions have been granted in the form of amnesties since 1989; however, it also indicates that precise information in this regard is limited (Australia 17 Jan. 2008).
Concerning conscientious objectors who did not register for military service, CPTI indicates that they would
suffer disadvantages akin to those which the European Court of Human Rights has (with regard to Turkey) recently described as a form of “civil death” [or clandestine life (Council of Europe 24 Jan. 2006)]. If non-registration had already led to charges of insoumission, the option of “regularizing” [their] military status would not be available. (July 2007)
Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. For further information on the treatment of draft evaders and deserters, please see Response to Information Request DZA104203 of 29 October 2012.
2. Obligations Regarding the Reserve
Sources indicate that, after 18 months of compulsory military service, reservists must provide 6 months of additional service and remain as reservists up to the age of 50 (Australia 17 Jan. 2008; Child Soldiers International 2008, 44). A Country of Origin Information Report on Algeria by the UK Border Agency cites a Jane’s Sentinel Country Risk Assessment report for Algeria, updated on 4 May 2011, which indicates that”‘[o]nce compulsory service has been completed, soldiers must remain available to the Ministry of Defence for five years and may be recalled at any time, after which they become part of the reserve forces for a further 20 years'” (UK 3 Nov. 2011, Sec. 9.02). Article 1 of Edict No. 76-110 of 9 December 1976 indicates that military service obligations for Algerian citizens last 27 years and are distributed as follows: 2 years in the national service, 5 years of availability, 10 years as first reserve, and 10 years as second reserve (Algeria 1976, Art. 1). More recent legislation on military service obligations could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
3. Exemptions and Stays
Exemptions from the national service are stipulated in the following articles of the National Service Code:
Art. 76. – Total and permanent incapacity shall be the result of injury, malformation, mutilation, serious progressive disease, functional disorder, and irreversible physical conditions impeding normal performance in terms of professional duties.
Art. 93. – An exemption from national service obligation may be granted by the regional commissions in peacetime upon request to a citizen who provides evidence that he is:
- the sole supporter of an ascendant;
- the sole supporter of a collateral relative who is a minor or disabled; or
- the son of a chahid.
Provisions 1) and 2) do not apply to students. (Algeria 1974a)
Chahid refers to “martyrs” of the war of independence (Australia 17 Jan. 2008; CPTI July 2007). According to the CPTI, the exemptions indicated in Articles 76 and 93 are applied in practice (July 2007).
The Embassy of Algeria in Ottawa website indicates the following requirements for those who request an exemption from military service:
For medical reasons: the applicant should prepare a complete medical file and should be subject to exams by a medical commission for the ability to the military service
For social reasons: Algerian nationals who are regularly registered can request exemption from military service, if they are:
- having dependents from ascendants or disabled collateral or early-aged people,
- To be over 27 years and exerting a salaried activity.
In this regard, they should prepare a file to be forwarded to the Ministry of National Defense for examination, which should include the following documents:
- A handwritten letter addressed to the Ministry of National Defense undercover of Mr. the Ambassador of Algeria in Canada, or under of Mr. the Consul General of Algeria in Montreal
- An individual record of civil status,
- Two recent and same print photographs,
- A family record of civil status (for those who are married)
- The act of divorce or separation if need be (extract of the judgment),
- Certificate of termination of studies,
- Copy of obtained diplomas,
- Three recent salary statements and/or attestation or contract of work or any other document proving that you exert a professional activity
- A certificate of nonsalary activity or any other proof of invalidity or inability to work,
- Family record of civil status for the parents,
- Death certificate of the father if need be,
- Family record for the married brothers,
- Proof of the brothers’ situation vis-à-vis of the military service. (Algeria n.d.c)
