Algeria: Trouble with the Senate

 

The Council of the Nation, or Senate as it is usually known, reconvened this week and re-elected the 71-year-old out-going speaker, Abdelkader Bensalah, for a third term of office. Bensalah, a senior RND official, was the sole candidate and was re-elected by 132 in favour with two abstentions. According to the Constitution the speaker of the Council of the Nation is the second top post after the president. In case the post of president is vacant then the speaker would be called to act as interim president until elections are held, Bensalah expressed his faith that the council would “play a more dynamic role in the future as part of the launched reforms.” That is something that has rarely ever been done in the past and is unlikely to do in the future.

In fact, the Senate has come under considerable public criticism in much of the Algerian press when it was revealed that the one third of the seats appointed directly by the President had largely been allocated to those ministers and other 'dead wood' that had been removed from government following last year's elections. The revelation merely confirmed that the Senate was even more decrepit, antiquated, and politically irrelevant than the lower house.

For more news and expert analysis about Algeria, please see Algeria Focus and Algeria Politics & Security. 

© 2013 Menas Associates

 

 

Algeria: Constitutional problems

President Abselaziz Bouteflika's absence has given rise to a number of constitutional problems. One of these is that he has been unable to appoint a new president of the Conseil constitutionnel algérien (Constitutional Council), following the expiry of the mandate of the octogenarian Boualem Bessaih.

A second problem centres on his immediate replacement if Bouteflika were to die or be removed from office under Clause 88 of the Constitution. In such an eventuality the leader of the Senate takes over temporarily as president. Abdelkader Bensalah is an Algerian by naturalisation and not by birth, however, and is therefore constitutionally unable to take the office of president.

It was earlier announced that Bensalah, who had been appointed by Bouteflika in May to head his constitutional reform committee, was to step down and be replaced as leader of the Senate. Bensalah was to take over as chairman of the Constitutional Council following the expiry of Bessaih's mandate. He was being strongly tipped at that time to be replaced as leader/speaker of the Senate by Abderrazak Bouhara.

When we reported these changes in August, it was anticipated that they would come into effect around the end of September. One consequence of Bouteflika's ill health is that these appointments may not have come into effect. The opinion of our sources is that they have not yet done so. If this is the case then the country could be faced with something of a constitutional problem.

A third problem, although one with less serious consequences, is that Bouteflika, in his capacity as President of the Judicial System, has not been able to start the 'judicial year', which, in terms of the constitution, should have been done about three weeks ago.

For more news and expert analysis about Algeria, please see Algeria Focus and Algeria Politics & Security.

© 2011 Menas Associates

Algeria: Opposition to boycott reform talks

Algerian opposition leaders have said that they will boycott the proposed start of the democratic reform talks that are set to begin on Saturday 21st May in protest at what they call a "feeble attempt at real change".

As we have reported in recent issues, Abdelaziz Bouteflika has asked a panel of recognised political parties and experts in constitutional law to come up with further proposals that would be submitted to parliament or a referendum. He initially tasked the Speaker of the Senate, Abdelkader Bensalah, to get the process started. However, given Bensalah's generally perceived lack of qualities, Bouteflika, as we reported last week, provided him with two old regime stalwarts in the personages of the architect of the 1992 coup d'état, General Mohamed Touati, and a former minister Mohamed Ali Boughazi.

Opponents of the regime regard the appointment of this trio as merely an attempt by Bouteflika to keep his hold on power.

"We wait for concrete action towards change in order to reestablish trust in power and the state, not just fiddling around," said Karim Tabbou, secretary of the Socialist Forces Front (FFS) which will boycott the talks.

Said Sadi, leader of the Rally for Culture and Democracy (RCD) said that the government-initiated talks were simply a " monologue against change ." "The era of political tinkering is over," he added.

An El-Watan editorial said that the government "will find itself consulting itself.” It went on to say that the president's proposals are aimed at supporting a system which "wants to keep things in hand while making it appear it is reforming, which it is not."

For more news and expert analysis about Algeria, please see Algeria Focus and Algeria Politics & Security.

© 2011 Menas Associates

Algeria: Constitutional and political change - going back to 1992

When President Abdelaziz Bouteflika appointed the 69 year-old speaker of the Senate, Abdelkader Bensalah to chair the committee that has been charged with drafting constitutional amendments, it was clear to almost everyone, including most members of the regime, that Bouteflika had no intention of initiating any serious political reform.

The mere announcement of Bensalah's name was enough to confirm to many, if not all, opposition politicians that there would be little point in having anything to do with the

constitutional committee, or commission as many people call it. Bensalah is seen as little more than a weak and ineffective government lackey. Indeed, criticism of his appointment has been so widespread that many opposition parties and groupings, notably the FFS , have said they will boycott the whole approach.

The almost universally negative response to Bouteflika's announcements of constitutional reform and Bensalah's appointment, even from members of the regime itself, has spurred Bouteflika into sending his adviser, the retired Maj Gen Mohammed Touati, to Bensalah's rescue.

If there has been any doubt as to what sort of political and constitutional reform Bouteflika has had in mind, then sending in Touati to fix things up has provided the answer. As one prominent opposition spokesman told us: “He is one of Algeria's worst generals; a very bad man.” One look at Touati's CV is likely to see most opposition politicians confirming their boycott of whatever process the Bensalah-Touati commission may have in mind.

Touati is a Kabyle , now aged 74, which at least puts him on the right side of 70 to fit into Algeria's ruling élite, and a retired maj gen. His nick-name is “el mokh” (the brain), an epithet he acquired for being the architect behind the 1992 military coup d'état.

For more news and expert analysis about Algeria, please see Algeria Focus and Algeria Politics & Security.

© 2011 Menas Associates

Algeria: Top-down reform

President Abdelaziz Bouteflika announced on Monday 2nd May that he would be appointing a committee, under the chairmanship of Abdelkader Bensalah, speaker of the Nation Council (Senate), to conduct consultations with political parties and national figures and to draft constitutional amendments.

In a speech to the Council of Ministers, Bouteflika said: "Concerning the draft revision of the constitution, I'm due to assign a competent committee to be in charge of this mission, while political parties and personalities can submit their propositions and contributions on the matter to this committee."

According to Bouteflika's modus operandi for the committee, it will present him with a draft constitutional revision, with the final version being submitted to parliament. “In case the draft carries [major] amendments, it will be referred to [a] popular referendum …, in addition to being submitted to parliament," he said.

This was the clearest assertion yet, that whatever amendments to the constitution were to be made, they would be 'top down' . The fact that Bouteflika himself is appointing the committee flies in the face of the widespread national demand that there be a popularly elected Council of State to decide such issues.

For more news and expert analysis about Algeria, please see Algeria Focus and Algeria Politics & Security.

© 2011 Menas Associates