Draft Algeria constitution ... most prominent amendments and reactions

Abdel-Hakim Hadaqa-Algeria

Five months after he assumed power, Algerian President Abdel Majid Taboun presented to the public debate a draft constitutional amendment that represents the first workshop in his program of comprehensive political reform.

The draft draft included proposals distributed on six main axes, the most important of which was approving the principle of authorization (instead of licensing) to exercise freedom of assembly and demonstration, as well as establishing associations and not dissolving them except by a judicial decision, and the law cannot include provisions that impede in their nature the freedom to establish political parties.

The draft stipulated that no more than two consecutive or separate presidential terms should be exercised, and parliamentary covenant be limited to two covenants, with the possibility of appointing the President of the Republic as his deputy.

The document also revisited the position of the Prime Minister and expanded his powers instead of adopting the position of Prime Minister as a formative coordinator for the ministerial team, not to mention abolishing the president’s right to legislate by orders during the parliamentary holidays.

The proposals of the document
In the axis of the judiciary, the draft removed the Minister of Justice and the Attorney General of the Supreme Court from the composition of the Supreme Judicial Council, while increasing the number of elected judges inside it, approving for the first time a constitutional court in place of the Constitutional Council, and granting it the right to control decisions taken during the exceptional case, and to dedicate Its competence to consider various disputes that may occur between constitutional authorities after notifying the competent authorities.

In other chapters, we stand on the constitutionality of a supreme authority for transparency, prevention and control of corruption, and its inclusion within the supervisory bodies, as well as the constitution of the independent national authority for elections.

Other important proposals include the constitution of the popular movement for February 22, 2019 in the preamble to the constitution, with the prohibition of hate speech and discrimination, and the inclusion of the “Amazigh” language among the deaf provisions that are not subject to constitutional amendment.

The proposed constitution for Algeria's participation in peacekeeping operations under the auspices of the United Nations also constituted a remarkable constitutional addition, whereby the President of the Republic is allowed to intervene militarily outside the borders after the approval of Parliament.

Welcome, discretion,
and in presenting the reasons for the preliminary project, it was stated that this "amendment is a step dictated by a political reality, imposing the necessity of ensuring the popular demands for building a state of law and achieving a balance between the various authorities while ensuring transparency in the conduct of public affairs." However, the position of the components of the movement and the political class regarding it remains question .

"The constitution that will govern the future of Algeria and the Algerians is the one that they make themselves through wide debate and through truly elected institutions," said prominent human rights activist at the activities of the movement, Mustafa Bouchachi.

"The current method of order is useless, because it is the same that was adopted by all the former presidents, and thus we discern the absence of the real political will that enshrines democracy in Algeria," Bouchachi said in a statement to Al Jazeera Net.

He explained, "There can be no real dialogue when we present a draft constitution prepared in advance in such exceptional circumstances with the Corona epidemic."

"I believe that this draft will not constitute a constitution for the consecration of democracy, but rather will preserve the same totalitarian monist system that does not believe in the right of citizens to participate in building new Algeria."

Bouchachi believes that "those fighting for freedom and democracy feel that they are not interested in this draft, as a building block for the survival of an undemocratic regime in Algeria, and that is why they will continue to struggle."

However, a spokesman for the National Liberation Front, Mohamed Amari, confirmed that the announcement of the draft constitution falls within the fulfillment of the promises of the 54th President of the Republic.

Amari revealed to Al Jazeera Net that his party "established a specialized committee to study and enrich the draft with the participation of tires, before presenting its recommendations to the Political Bureau and then submitting them to the Presidency of the Republic within the specified deadlines."

On his part, the price of Abdel-Qader Bin Quraina - who came second in the last presidential elections - was valued by the document. With new documents, mechanisms and rule of thumb. "

But he made it clear in a statement to Al-Jazeera Net that the president's powers need more scrutiny, in response to the balance between the authorities.

Bin Qurainah stressed that "the official national language is one and not subject to discussion, bidding, and acquiescence in front of pressure groups," as he put it.

 He also warned against taking freedom of belief boldly, that is, "without distinction between the ideology of the Algerian nation and everything that is intruder, to be a lever for building minorities, whatever their form."

Bin Qurainah also called for clarification of the army's contribution outside the borders "so as not to deplete in adult battles and keep Algeria's back naked," as he described.

Extensive powers
On the other hand, the professor of constitutional law, Mukhtar Khamili, believes that the draft was drafted with the sole will of the executive authority, and that the provisions of the constitution (234 articles) are very many, many of them in place of organic laws.

Regarding the content, my colleague considered in a statement to Al-Jazeera Net that "the powers of the president of the republic are still very broad, stressing the need to assign the candidate of the party or the electoral coalition winning the formation of the government instead of appointing him from the president."

He was surprised to allow the appointment of a vice president, "who could assume his legendary tasks in the event of resignation or death without a popular mandate," criticizing the constitution’s amendment remaining in the hands of the president, and even the parliament’s initiative linked to its acceptance.

The same precautionary remarks were made by my colleague regarding the presidency of the President of the Supreme Council of the Judiciary, and his appointment as President of the Constitutional Court, with the nomination of a third of the members of the National Assembly (the upper chamber of Parliament).

Finally, he asked, "To what extent will the presidency adhere to the outputs of the planned consultations? And will there be a founding precedent in Algeria for the people to reject this constitutional amendment after nine referendums that have all passed unanimously?"