Algerian Civil War - 2004 Presidential Election and The Amnesty

2004 Presidential Election and The Amnesty

The release of FIS leaders Madani and Belhadj in 2003 had no observable effect on the situation, illustrating a newfound governmental confidence which would be deepened by the 2004 presidential election, in which Bouteflika was reelected by 85% with support from two major parties and one faction of the third major party. The vote was seen as confirming strong popular support for Bouteflika's policy towards the guerrillas and the successful termination of large-scale violence.

In September 2005 a national referendum was held on an amnesty proposal by Bouteflika's government, similar to the 1999 law, to end legal proceedings against individuals who were no longer fighting, and to provide compensation to families of people killed by government forces. The controversial Charter for Peace and National Reconciliation was declared to have won with 97% support, and with 80% of participation. The conditions of the campaign in Algeria were criticized in the French press, in particular in Le Monde and L'Humanité.

Lawyer Ali Merabet, for example, founder of Somoud, a NGO which represents the families of the disappeared, was opposed to the Charter which would “force the victims to grant forgiveness”. He remains wary that the time of the FIS has truly ended and notes that while people no longer support them, the project of the FIS - which he denies is Islamic - still exists and remains a threat.

The proposal was implemented by Presidential decree in February 2006, and adopted on September 29, 2006. Particularly controversial was its provision of immunity against prosecution to surrendered ex-guerrillas (for all but the worst crimes) and Army personnel (for any action "safeguarding the nation".) According to Algerian paper El Khabar, over 400 GSPC guerrillas surrendered under its terms; estimates of the GSPC's size in 2005 had ranged from 300 to 1000. The International Federation of Human Rights (FIDH) has opposed the amnesty

The fighting has continued to die down but a state of emergency remained in place. The state of emergency was lifted in February 2011 due to renewed protests amidst the ongoing Arab Spring.