Algeria’s controversial constitutional amendments

Recently, talk of the constitutional amendments promised by Algeria’s President Abdelaziz Bouteflika since he came to power 16 years ago, has resurfaced. This “miracle” constitution has not seen the light of day despite the fact that talks began three years ago and were led by Abdelkader Bensalah, president of the Council of the Nation and the second man in the Algerian political hierarchy. These talks were conducted in the presence of all the opposition parties with varying positions on the issue. The structure of Bensalah’s talks failed and they were buried and then negotiations were revived after Ahmed Ouyahia, director of the Cabinet, was charged with heading the talks. However, the allied opposition in the Coordination for Liberties and Democratic Transition boycotted the process in the belief that it would be a repeat of past failures; that it was not serious; and that it would be a waste of time. This stifled the initiative once again and drove the president to be reluctant about the issue and put it into the “forgotten” tray, subjecting him to media and political speculation and predictions.

It is worth noting that from time to time, leaks would emerge saying that the constitution draft was ready and that the opposition’s rights were protected. They have also said that the draft that was ready for voting would be a historical and constitutional precedent and a qualitative jump in the field of basic rights, democracy, political and union work, and freedoms. Similar statements were made by Amar Saadani, secretary-general of the ruling National Liberation Front (FLN), on numerous occasions in the media.

In Algeria, according to the law, the power to amend the constitution is possessed solely by the president; there is no doubt or dispute about it. The disputes and discussions on the matter are how the amendment is adopted. Should it be adopted by the parliament whose eligibility and legality is doubted or by means of direct popular referendum? Of course, if the amendments were radical, deep and fundamental — as the president promised in his first term — it would be difficult for both of the parliament’s chambers to pass the draft constitution since its legal and legislative qualification, as well as popular strength is lacking. Even holding a popular referendum at the moment is not likely to be successful in light of the sharp divide and mistrust amongst the opposition and the disputes over the foundations of the political and electoral process, the management of the upcoming phase, the president’s illness, and the country’s critical economic position after the sharp and unprecedented decline in oil prices, as well as talk of a belt-tightening policy and borrowing from the Gulf.

What is both strange and interesting about the constitutional amendment issue is the controversy that has begun to surface within the allied ruling parties and the blatant contradiction between the Prime Minister, Abdul Malik Silal, who is backed by the National Liberation Front, and Ouyahia, who, apart from being director of the Cabinet is also head of the National Rally for Democracy Party, which is loyal to the president. This suggests the presence of some greed, struggle and presidential ambition as well as early hidden competition to be the leader of the country. The contradiction surfaced when Silal said that there is a draft constitution and that it is ready, only waiting on the president’s order, while Ouyahia said that there was no constitution in the near future because the committee of experts is still meeting and discussing the final document.

A lot of time and effort has been wasted in Algeria trying to establish a constitution that suits the country’s status and position, and which will not be lost once the personalities and governments change. It seems that the opportunity will be lost again this time, just as it was lost on all previous occasions. This is because the ebb and flow, contradiction and doubt which has accompanied the issue does not suggest that we will have anything more than the custom-made constitutions to which we have grown accustomed. I am concerned that the new constitution will be something other than what the Algerians are dreaming of.

Translated from Al-Mesryoon on 8 September 2015.

The views expressed in this article belong to the author and do not necessarily reflect the editorial policy of Middle East Monitor.