Ancestral Abolition: Amazigh Justice as a Blueprint for a Prison-Free North Africa

Before the existence of the United Nations and human rights activists, our ancestors had their ways of maintaining justice and social unity. For Amazigh communities in North Africa, justice was not about punishment; it was about restoration. When conflicts arose; whether it was theft, personal conflicts or other transgressions, elders and community members would gather under the shade of an ancient tree or in a communal assembly to deliberate. Instead of condemning an offender to isolation, they sought to repair the harm done. The thief, for example, would not simply be cast out or imprisoned; rather, they would be required to return what was taken, compensate the victim, and perform acts of service to rebuild lost trust. This method ensured accountability while preserving social cohesion.

This stands in stark contrast to the prison systems found across North Africa today, notorious for their brutality, overcrowding, and systemic repression. Rather than serving as institutions of rehabilitation, prisons operate as tools of political control, punishing dissidents and subjecting inmates to inhumane conditions. Many reports highlight the widespread nature of torture, deprivation, and loss of freedom, transforming these institutions into symbols of state control rather than centers of justice, thus reinforcing state power through repression. The modern penal system, focused on retribution and isolation, not only fails to prevent crime but also continues cycles of violence and marginalization.

An interesting alternative is the Amazigh notion of Azref. This concept, which shares roots with the Western concept of “restorative justice” puts more emphasis on rapprochement and maintaining the welfare of the community than on punishment. It emphasizes using community-wide conflict resolution to mend harm, both to the victim and to society as an entire entity. This strategy guarantees that criminals become integrated rather than alienated and promotes accountability. Azref has long promoted justice, proportionality, and social cohesiveness as alternatives to the punitive system imposed by colonial and postcolonial governments.

Colonialism and the Rise of the Prison System

The European colonization of the early 20^th Century is when the modern prison system took root in North Africa. The region was controlled by France, Spain, and Italy, who imposed political institutions that put repression ahead of justice. The French Protectorate, which was founded in 1912, established a police state in Morocco under the leadership of Resident-General Lyautey. Local leaders, referred to as qaids, were in charge of putting an end to opposition, frequently imprisoning or assassinating critics of colonial authority. Prisons in that era gained notoriety for their cruel treatment of political detainees and their awful circumstances.

Likewise, the 1846-established Serkadji Prison in Algeria came to represent colonial and post-independence tyranny. Although it was built to imprison 3,000 prisoners, it frequently held twice as many, and torture and overcrowding were frequent occurrences. It had a reputation as a detention center for revolutionary fighters between 1954 and 1962, when systematic torture was pioneered. Many Algerian freedom fighters met their deaths in the prison’s notorious execution chamber. Instead of a break with colonial practices, Serkadji was emblematic of continued state repression after Independence, as it continued to see use by successive Algerian governments. Serkadji has long been known for extreme overcrowding, poor sanitation, maltreatment of inmates, and withholding of basic human rights – thus exemplifying how colonial carceral infrastructures were adopted and extended in post-colonial North Africa, particularly their functions as modalities of social control and political suppression.

In Libya, Gaddafi's dictatorship used techniques reminiscent of Italian colonial strategies to stifle opposition in jails like Gharyan and Al-Hadba. The violence ingrained in these systems was put on display during the Abu Salim Prison massacre of 1996, in which more than 1,000 people were murdered.

Building on colonial legacies, many North African governments retained and expanded the brutal prison systems established by their European rulers after independence, using them to silence opposition and instill fear. For instance, at Morocco’s Tazmamart prison, political prisoners were subjected to years of isolation, malnutrition, and torture, often without trial. In Algeria, human rights organizations have reported the unjust detention of activists and journalists, emphasizing the use of imprisonment as a political weapon rather than a means of justice. These structures fail to address the root causes of crime—poverty, inequality, and lack of opportunity—punishing individuals for the conditions in which they live rather than addressing systemic problems. This has led to a cycle of repression and violence that weakens social cohesion and erodes trust in state institutions.

Amazigh Justice: A Restorative Alternative

The Amazigh legal tradition, which dates back over a thousand years, offers a profound alternative to the punitive systems imposed by colonial and modern regimes. Rooted in principles of solidarity and restorative justice, this tradition is practiced by the Amazigh communities across North Africa, particularly in regions of Morocco, Algeria, and Libya. Central to this tradition is the Azref institution, an ancient system of orally transmitted customs and decisions that have been passed down through generations. Built on accountability, mediation, and reparation, the Azref system prioritizes healing over punishment, aiming to restore balance within the community rather than isolate offenders. It considers the history of the parties involved and the type of harm they have inflicted on each other.

Despite efforts by colonizers to suppress their traditions, many Amazigh communities still rely on traditional justice mechanisms alongside or instead of state legal systems. This indicates the lasting importance and effectiveness of these practices. The longstanding tradition offers valuable insights for movements advocating for prison abolition, showing alternative ways in which communities address harm and conflict without turning to punitive solutions.

For instance, in land or resource conflicts, the offender was often requested to pay in livestock or crops, with the aim that the party injured regained what was lost and social balance was maintained. In cases involving greater brutality, such as battery, reparations could include service to the community or mediation by elder statesmen in order to restore balance and prevent future conflict. The system also considered individual circumstances, such as age and responsibility, ensuring that minors were treated fairly, as measured in proportion to their age and experience. Legal scholars, known as Fqih, played a vital role in interpreting and implementing these principles, ensuring that justice was administered in alignment with local customs and values.

The Azref system underscores a profound belief that justice should repair harm and foster communal harmony, a philosophy that remains deeply relevant today. This approach runs counter to the logic of modern prison systems, which frequently dehumanize prisoners and disintegrate their connections to the outside world. By emphasizing healing instead of retaliation, the Amazigh model promotes communal harmony and tackles the underlying causes of conflict. Community elders or leaders generally head forums in which all their grievances are aired, ensuring that justice is not only delivered but also understood by the greater social body. This reestablishes faith in the institution, repairs the relationship, and prevents future conflicts by guaranteeing a better sense of inter-personal responsibility and mutual respect within the community. It is a system based on respect for one another and the idea that justice should unite communities rather than divide them.

Toward a Prison-Free Future

To effectively tackle the root causes of crime, such as poverty and inequality, a transformative approach to justice must prioritize community-based solutions that address systemic issues at their core. This involves investing in social services like education, healthcare, and job training to uplift marginalized communities while fostering economic development to create opportunities and reduce desperation. Equally important is building trust through community policing and restorative justice practices, which emphasize collaboration and accountability over punishment. Decentralizing power, ensuring transparency, and integrating Amazigh values of freedom and justice foster lasting equity, stability, and resilience while tackling crime at its roots.

Their traditions remind us that justice is not about punishment, but healing; not isolation, but connection. By embracing these principles, North Africa could shift toward a future wherein prisons are relics of the past and justice is truly restorative.

The views expressed in this article are not necessarily those of the Friedrich-Ebert-Stiftung.