The president of Algeria, Abdelmayid Tebune, has announced the “immediate” suspension of the friendship treaty signed with Spain almost two decades ago in retaliation for his “unjustified” support for Morocco’s autonomy plan for Western Sahara.
The Algerian authorities criticize the Spanish for the campaign undertaken to try to argue a political turn that, according to what they have put forward, supposes a “violation of the legal, moral and political obligations” of what continues to be the “administrating power” of Western Sahara.
Read here the Treaty of friendship, good neighborliness and cooperation between the Kingdom of Spain and the People’s Democratic Republic of Algeria:
The Kingdom of Spain and the People’s Democratic Republic of Algeria, hereinafter referred to as the High Contracting Parties, Considering the close historical and cultural ties between their peoples and the geographical proximity that unites them in the strategic region of the Mediterranean, the cradle of a civilization common and shared space in which diverse cultures have developed and have made an essential contribution to universal civilization.
Sensitive to the high mutual price that has traditionally existed between their peoples and to the importance of permanently reinforcing reciprocal knowledge, friendly relations, human contacts and ties of all kinds.
Encouraged by the common desire to inaugurate a qualitative stage in their bilateral relations based on friendship and solidarity and to establish a global and permanent framework for agreement and cooperation that helps peace, stability, freedom and justice, contributing thus to the prosperity of their respective peoples.
Convinced that reciprocal understanding and cooperation are essential guarantees for peace, stability and security in the region, and the best way to serve the objectives of progress and development of the two peoples.
Recognizing the important value of the political, economic and social integration processes taking place in the Mediterranean area, both on a regional and subregional scale, aimed at establishing a framework for dialogue and cooperation in the region and in particular in its western basin, Conscious of the importance of the Euro-Mediterranean Association as a suitable environment for the development of privileged relations between the European Union, its Member States and its Mediterranean partners, in accordance with the principles and objectives of the Barcelona Declaration, Aware of the importance of close ties established between the European Union and Algeria, embodied in the Association Agreement, as a way to contribute to the objective of turning the Mediterranean region into an area of ??shared prosperity, Determined to promote cooperation within the framework of international security and other projects that may be established in the future, in order to and collaborate to maintain peace, stability and the promotion of well-being in the region.
Reaffirming its strict adherence to the purposes and principles of the Charter of the United Nations and the principles of International Law as fundamental elements for the maintenance of peace, security and justice in international society, in particular the principles of sovereign equality of States, non-interference in internal affairs and respect for the inalienable right of peoples to dispose of themselves.
Bearing in mind the Treaties, Agreements and Protocols in force between the two countries, Reaffirming their will to strengthen their friendly relations, good neighborliness and global cooperation and expressing their intention that this Treaty constitutes the appropriate framework to develop new areas of understanding and cooperation , acting in the spirit of the joint declaration signed on the occasion of the visit of the President of the Spanish Government to Algiers in July 2000.
They have agreed to the following:
1. Respect for international law.
The High Contracting Parties reiterate their commitment to comply in good faith with the obligations they have contracted in accordance with the principles and norms of International Law and with the Treaties or other agreements, in accordance with International Law, to which they are party.
In this context, they recall that the necessary respect, in all circumstances, for international legality, constitutes an essential factor in the maintenance of peace and security in the world and in the promotion of relations of trust and cooperation among States.
2. Sovereign equality.
The High Contracting Parties shall mutually respect their sovereign equality, as well as all the Rights inherent to their sovereignty, including the right to legal equality, territorial integrity and freedom and political independence. They shall also respect the right of each party to freely choose and develop its political, social, economic and cultural system.
3. Non-intervention in internal affairs.
The High Contracting Parties shall refrain from any direct or indirect, individual or collective, intervention in the internal affairs of the other party.
They will therefore refrain, in all circumstances, from any act of military, political, economic or other type of coercion, aimed at subordinating the exercise of the rights inherent to the sovereignty of the other Party to their own interest.
4. Refrain from resorting to the threat or use of force.
In their bilateral relations, the High Contracting Parties shall refrain, in accordance with the Charter of the United Nations, from resorting to the threat or use of force against the territorial integrity or political independence of the other Party, or from any other act incompatible with the aims and objectives of the United Nations.
Consequently, no consideration may be invoked to justify recourse to the threat of force or the direct or indirect use of force.
5. Peaceful settlement of disputes.
In accordance with the spirit of this Treaty, the High Contracting Parties shall settle disputes that may arise between them by peaceful means, in such a way that international peace and security are not endangered.
They undertake, in a spirit of trust, to achieve an equitable solution for all bilateral disputes in accordance with International Law.
6. Cooperation for development.
The High Contracting Parties shall endeavor to work towards the development of the potentialities of bilateral cooperation in a framework of exchange aimed at the progressive reduction of differences in development.
In this sense, they will take into account the necessary establishment of a new climate of economic and financial solidarity capable of opening the way to a deepening of cooperation in the different fields, economic, scientific and technological, environmental, social, cultural and human.
7. Respect for human rights and the fundamental freedoms of people.
The High Contracting Parties reiterate their respect for human rights and fundamental freedoms, including freedom of thought, conscience, religion or belief, without distinction on the grounds of race, sex, language or religion.
In this sense, they will promote the effective exercise of civil, political, economic, social and cultural rights and freedoms and of the set of rights and freedoms, inherent to the dignity of the human person and that are essential for their free and full development.
In this field, both Contracting Parties will act in accordance with their respective internal legislation, with the purposes and principles of the Charter of the United Nations and with the Universal Declaration of Human Rights.
They will also comply with their obligations as defined in the relevant international agreements and declarations, including, among others, the International Covenants on Human Rights, to which they are a party.
8. Dialogue and understanding between cultures and civilizations.
The High Contracting Parties will promote all actions aimed at creating a common cultural space, drawing inspiration from their traditions, historical and human ties and their belonging to the same Mediterranean culture. They will find in the principles of tolerance, coexistence and mutual respect the guide that will allow us to weave a solid and fruitful common heritage. Within this context, the two Parties will endeavor to promote greater and stronger mutual knowledge, and develop a greater understanding between their citizens and their peoples.
Both parties declare themselves resolved to uphold and apply these principles to develop a new philosophy in their cooperation relations, based on mutual trust, complementarity, global character and the need to mobilize all the strength and creativity of their societies in the search for the establishment of a set of privileged relationships, based on friendship and solidarity that tend towards common interests and mutual and lasting advantages.
Article 1.
The High Contracting Parties, wishing to strengthen and strengthen the ties that unite them, intend to establish a framework for bilateral political consultations in accordance with the level of cooperation and coordination to which they aspire.
To this end, they agree to institutionalize the following:
1. High-Level Meeting: The Heads of Government of both countries will meet once a year, alternately, in Spain and in Algeria.
2. Ministerial meeting: The Foreign Ministers of both countries will meet once a year, alternately, in Spain and in Algeria.
3. Regular consultations between the Secretaries of State, Secretaries General and General Directors of the Departments of Foreign Affairs of both countries.
4. Consultations, if necessary, between other ministerial departments and state institutions of both countries in order to promote coordination and cooperation in all fields of activity.
Likewise, contact and dialogue between parliamentary institutions, professional organisations, the associative movement, representatives of the private sector and university, scientific and cultural institutions of Spain and Algeria will be encouraged.
Article 2.
The High Contracting Parties, in accordance with the conventions and instruments signed by both countries, will promote and strengthen economic and financial cooperation in order to seek the revitalization and modernization of the Algerian economy by promoting reciprocal investments.
Article 3.
The High Contracting Parties will encourage and promote contacts between the productive and service sectors of both countries, as well as investment projects and joint ventures.
Article 4.
The High Contracting Parties shall pay special attention to infrastructure projects, particularly in the fields of energy, public works and housing, transport and communications, maritime fishing, environmental protection and natural resource management.
The Spanish side will facilitate its assistance to the Algerian side in terms of industrial, institutional and regulatory modernization, both at the bilateral level and within the more global framework of the Association Agreement between Algeria and the European Union.
Article 5.
The High Contracting Parties decide to promote cooperation between their Armed Forces, paying special attention to the exchange of delegations, the holding of training and improvement courses and the organization of joint exercises.
Said cooperation, among other objectives, will also deal with the realization of common programs for the research, development and production of weapons systems, material and defense equipment destined to cover the needs of the two parties through an exchange of technical, technological and industrial information.
The High Contracting Parties also decide to promote the principle of cooperation for the exchange of experience in the fields of humanitarian aid and peacekeeping operations.
Article 6.
The High Contracting Parties decide to establish specific programs and projects in the different sectors that may include joint actions in third countries, paying particular attention to cooperation in the following sectors:
The Parties will pay particular attention to cooperation in the following fields:
a) Agricultural, fishing and agri-food sectors, fight against desertification and management of water resources.
b) Environmental protection and fight against pollution.
c) Health.
d) Tourism and crafts.
e) Rational use of energy and renewable energies.
f) Professional training.
g) Social and business development.
h) Any other form of cooperation that the High Contracting Parties agree upon.
Both parties agree to include in the different sectors of cooperation the exchange of professional experiences, the training of human resources and the transfer of technology, as well as the exchange of economic, scientific and technical information.
Both parties recognize the growing importance of decentralized cooperation understood as the participation of the respective civil societies in the effort to achieve greater development of the social sectors, especially the most disadvantaged. In this sense, the parties undertake to favor the execution of development projects by organizations and associations of the two countries.
Article 7.
The High Contracting Parties undertake to promote cooperation in the fields of education and teaching through the exchange of students, professors and university researchers, as well as scientific and pedagogical documentation.
Inter-university relations and the granting of study and research scholarships will be promoted, as well as the carrying out of joint activities in the artistic, cultural and sports fields.
Likewise, actions to safeguard and take advantage of the common historical and cultural heritage will be promoted.
Article 8.
The two parties agree to pay particular attention to the teaching of the Spanish language and civilization in Algeria and Arabs in Spain, as well as the creation and operation of Cultural Centers in their respective territories.
Article 9.
Both parties will promote collaboration in the audiovisual field, both with regard to the respective public radio-television entities, as well as public and private media. In particular, they will pay special attention to cinematography, large computer networks, educational, cultural and artistic programs and sports broadcasts.
Article 10.
In the legal field, both parties agree:
a) Promote and strengthen legal cooperation in civil, commercial, criminal and administrative matters between the respective public administrations and judicial institutions.
b) Promote the study of their respective legislation, especially in the commercial and business fields, in order to facilitate cooperation between companies and the integration of their respective economies.
Article 11.
In the consular field, both parties agree to establish close cooperation between their consular departments and services in order to achieve greater efficiency, so as to facilitate greater care and protection of their respective nationals in the other country.
Both parties undertake to ensure adequate living and working conditions for the Spanish and Algerian communities in the respective countries.
Article 12.
Within the respect of their respective national legislation and their international commitments, the High Contracting Parties attach primary importance to the issue of human exchanges and the movement of people between Spain and Algeria.
In this context, they will ensure the fluidity of human exchanges and the movement of people between the two countries.
They will continue and deepen their cooperation in the control of migratory flows and the fight against trafficking in human beings.
Article 13.
The High Contracting Parties reaffirm their common will to fight against transnational terrorism in accordance with the relevant United Nations Resolutions.
To this end, they agree to strengthen their bilateral cooperation between the competent institutions, in particular in the areas of coordination in the exchange of information, prevention and the operational fight against terrorism.
They also agree to pay special attention to the fight against organized crime and drug trafficking.
Article 14.
The specific cooperation programs and projects for each one of the sectors will be agreed by the High Contracting Parties, through the competent bilateral channels, instruments or commissions and will be submitted, where appropriate, to the approval of the President of the Government of the Kingdom of Spain and the President of the People’s Democratic Republic of Algeria at the annual meeting provided for in this Treaty.
Article 15.
This Treaty shall enter into force one month after both Parties have notified each other, through diplomatic channels, of the fulfillment of the requirements established by their internal legislation. It will remain in force until it is denounced by the same means by either Party, taking effect six months after being notified to the other.
Done in Madrid, on October 8, 2002, in two originals in the Spanish and Arabic languages, both texts being equally authentic.
For the Kingdom of Spain, For the People’s Democratic Republic of Algeria, José María Aznar y López, Abdelaziz Bouteflika, President of the Government President of the Republic
This Treaty enters into force on October 30, 2003, one month after the last notification of compliance with internal legislative requirements, as established in its article 15.
What is made public for general knowledge.
Madrid, October 14, 2003.-The Technical Secretary-General, Julio Nunez Montesinos.
