Anti-Terrorism Laws in the Maghreb Countries: The Mirror of a Democratic Transition that Never Was

Abstract

This article sheds light on the counter-terrorism measures enacted by the Maghreb countries, with a comparative approach of the laws in Algeria, Mauritania, Morocco, and Tunisia. Carried out by comparing the Arabic and French original versions, the analysis revealed a common attitude that tended to preserve national security at the expenses of civil freedoms and human rights. In almost all cases, anti-terrorism laws strayed away from their supposed initial finality – fighting terrorism – tackling other issues such as the maintenance of public order or indirectly the control of dissidence and political opposition, with no or scarce legal checks and balances that could restrict possible police or judiciary abuses towards civil and political rights. The legal measures significantly delayed both the first transition to democracy in the region in the 2000s as well as the promising development after the ‘Arab spring’.