British Legal Opinion: Kabyles Recognize Their Right to Self-Determination

By Lord Lister, former Chief of Staff to the British Prime Minister, exclusively for Maghrebi.org

In a recent legal opinion issued by leading British lawyers, the 10 million Kabyles living within Algeria’s current borders or in exile abroad have been officially recognized as having the right to self-determination under international law. This opinion comes as Algeria faces growing criticism for its continued repression of human rights and civil liberties, which has intensified in the lead-up to the country’s presidential elections scheduled for September 7, 2024.

The legal opinion, issued on September 4, 2024, by Professor Robert McCorquodale of Brick Court Chambers and Ms. Penelope Nevill of Twenty Essex Chambers in London, concluded that the Kabyle people constitute a “people” under international law. This designation grants them the right to self-determination, a fundamental human right enshrined in key international documents such as the United Nations Charter.

“The Kabyle people are a ‘people’ under international law. Consequently, the Kabyle people have the human right to self-determination under international law,” the legal opinion states. This is the first formal recognition by independent legal experts of the Kabyle people’s status, setting a significant precedent for their self-determination movement.

The legal opinion provides a strong legal basis for the Kabyle claims and could influence future international discussions and decisions regarding their status.

This recognition is a major boost for the Movement for the Self-Determination of Kabylie (MAK), which has long campaigned for greater self-determination. The legal opinion provides a solid legal foundation for the Kabyle claims and could shape future international discussions and decisions about their status.

This historic step for the Kabyle people comes amid severe repression in Algeria. Human rights organizations, including Amnesty International, have condemned the Algerian authorities for their systematic crackdown on civic space and freedoms, particularly in the lead-up to the presidential elections.

In the past two years, Algeria has witnessed a worrying escalation in government measures against political dissent, including the dissolution of political parties, civil society organizations, and independent media. Amnesty International has highlighted a series of restrictive legislative amendments, such as changes to the penal code in April 2024, which have further stifled freedoms.

Recent months have seen an increase in arbitrary arrests of political activists and opposition members. On August 6, 2024, Yacine Mekireche, a suspended member of the Democratic and Social Movement (MDS), was arrested for social media posts. Later, on August 20, around sixty political activists from the Rally for Culture and Democracy (RCD) were arrested as they attempted to commemorate the 1956 Soummam Congress, a key event in Algerian history.

Authorities have also targeted civil society groups, with police disrupting a book signing event in Bejaia on June 29, 2024, and arresting participants for an allegedly unauthorized gathering. Furthermore, the Algerian NGO SOS Disappeared has faced repeated obstruction, with police blocking access to its offices multiple times this year.

Journalists have not been spared from the crackdown. The arrests of journalists Merzoug Touati, Mustapha Bendjama, and Farid Alilat illustrate the shrinking space for independent media in Algeria. Social media users and activists like Rabeh Kadri continue to face prosecutions for their online activities, particularly for their criticisms of the potential re-election of President Abdelmadjid Tebboune.

Amnesty International and other human rights advocates have called on the Algerian authorities to end their repressive tactics, release all those detained for peacefully exercising their rights, and respect the freedoms of expression, assembly, and association.

The UN Human Rights Committee has emphasized that the right to participate in public affairs depends on the free exchange of information and respect for civil liberties. As Algeria prepares for its presidential elections, international scrutiny is likely to intensify, with growing demands for the restoration of civic space and protection of fundamental rights.

The newly recognized right of the Kabyle people to self-determination serves as a powerful symbol of resistance in this context of repression, highlighting the ongoing struggle for self-determination and the broader battle for human rights in Algeria.