Children born of terrorists living in hiding from authorities during Algeria's black decade may soon benefit from measures to give them legal identities.
By Walid Ramzi for Magharebia in Algiers – 10/12/09
Algeria is inching towards formalizing the legal status of hundreds of so-called "mountain children" born into the families of terrorists living outside the law during the 1990s.
"[A]ll children born in the mountains must be registered in the civil status registers and given a family name so they can integrate into society," Algerian Minister of National Solidarity Jamal Ould Abbass told Magharebia on Monday (December 7th).
According to Mustapha Khayati, head of the Algerian Organization for Health, Development and Research, around 500 children were born in the mountains during the black decade, including 300 in the eastern provinces and around 50 in the central Medea region.
"The file of children born in the mountains was started in 2001 ... to settle the issue once and for all", said Abbass, whose portfolio also covers family issues. "The government is striving to eliminate all obstacles hindering the integration of that category of people into society."
"The ministry has handled 45 cases of children born in the mountains," said Abbass. "The files were referred to the Justice Department, which, in turn, affirmed the identity of those children by virtue of court orders."
The minister added, however, that the cases handled to date posed fewer legal problems because the fathers were known.
In cases where the father's identity is unknown, Abbass said authorities were proposing a draft law "making it possible to resort to DNA testing to ascertain the identity of illegitimate children, including those born in the mountains".
That way, according to the ministry, the children will be recognized and given their real family names, without forcing their biological parents to get married. "The purpose is not to make those marriages legal, but to give children identities so as to make it easier for them to integrate into Algerian society," added the minister.
Abbass said the project was still being studied by the government. He admitted that various obstacles face the enactment of such a law, given the opposition of some Muslim scholars to DNA testing. "As such, religious sensitivities ought to be taken into consideration," said Abbass.
In recent months, calls to help the mountain children have come from many sides.
Algeria needs a "special legal mechanism" to address the issue, the head of the legal assistance unit charged with implementing the National Peace and Reconciliation Charter, Marwan Azzi, told reporters at a November 20th press conference to mark the 20th anniversary of the Convention on the Rights of the Child.
Azzi said that DNA testing, investigation and other forms of verification were needed to prove the identity of the children. He added that his unit had already settled many children's cases by legalizing undocumented marriages, but that obstacles remained in situations where the parents were dead or witnesses were missing.
The legal expert revealed that the mountain children's plight is part of a larger problem: Authorities find nearly 4,000 children with no identity each year. Parents abandon the children for a number of reasons, though in 80% of cases the motivating factor seems to be an unwanted birth out of wedlock.
But even with this larger problem looming, the case of the mountain children is receiving particular attention.
"Children born in the mountains ... are victims of the national tragedy," Dr. Thoraya Tidjani, a professor of sociology at the University of Algiers, said in a press statement. "It's imperative for the state to shelter those children and ensure their integration into society, since that is a key stage in the process of national reconciliation."
Tidjani added that "failing to morally and financially support these children, and to integrate them into society, will have an adverse impact on them, since society's rejection of these children will cause them to feel antagonistic".
By Walid Ramzi for Magharebia in Algiers – 10/12/09
Algeria is inching towards formalizing the legal status of hundreds of so-called "mountain children" born into the families of terrorists living outside the law during the 1990s.
"[A]ll children born in the mountains must be registered in the civil status registers and given a family name so they can integrate into society," Algerian Minister of National Solidarity Jamal Ould Abbass told Magharebia on Monday (December 7th).
According to Mustapha Khayati, head of the Algerian Organization for Health, Development and Research, around 500 children were born in the mountains during the black decade, including 300 in the eastern provinces and around 50 in the central Medea region.
"The file of children born in the mountains was started in 2001 ... to settle the issue once and for all", said Abbass, whose portfolio also covers family issues. "The government is striving to eliminate all obstacles hindering the integration of that category of people into society."
"The ministry has handled 45 cases of children born in the mountains," said Abbass. "The files were referred to the Justice Department, which, in turn, affirmed the identity of those children by virtue of court orders."
The minister added, however, that the cases handled to date posed fewer legal problems because the fathers were known.
In cases where the father's identity is unknown, Abbass said authorities were proposing a draft law "making it possible to resort to DNA testing to ascertain the identity of illegitimate children, including those born in the mountains".
That way, according to the ministry, the children will be recognized and given their real family names, without forcing their biological parents to get married. "The purpose is not to make those marriages legal, but to give children identities so as to make it easier for them to integrate into Algerian society," added the minister.
Abbass said the project was still being studied by the government. He admitted that various obstacles face the enactment of such a law, given the opposition of some Muslim scholars to DNA testing. "As such, religious sensitivities ought to be taken into consideration," said Abbass.
In recent months, calls to help the mountain children have come from many sides.
Algeria needs a "special legal mechanism" to address the issue, the head of the legal assistance unit charged with implementing the National Peace and Reconciliation Charter, Marwan Azzi, told reporters at a November 20th press conference to mark the 20th anniversary of the Convention on the Rights of the Child.
Azzi said that DNA testing, investigation and other forms of verification were needed to prove the identity of the children. He added that his unit had already settled many children's cases by legalizing undocumented marriages, but that obstacles remained in situations where the parents were dead or witnesses were missing.
The legal expert revealed that the mountain children's plight is part of a larger problem: Authorities find nearly 4,000 children with no identity each year. Parents abandon the children for a number of reasons, though in 80% of cases the motivating factor seems to be an unwanted birth out of wedlock.
But even with this larger problem looming, the case of the mountain children is receiving particular attention.
"Children born in the mountains ... are victims of the national tragedy," Dr. Thoraya Tidjani, a professor of sociology at the University of Algiers, said in a press statement. "It's imperative for the state to shelter those children and ensure their integration into society, since that is a key stage in the process of national reconciliation."
Tidjani added that "failing to morally and financially support these children, and to integrate them into society, will have an adverse impact on them, since society's rejection of these children will cause them to feel antagonistic".
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