NEW ALGERIAN MILITARY PERSONNEL RULES FAVOR

C O N F I D E N T I A L ALGIERS 000548 SIPDIS SIPDIS E.O. 12958: DECL: 03/21/2016 TAGS: PREL MARR AG SUBJECT: NEW ALGERIAN MILITARY PERSONNEL RULES FAVOR UP AND COMING OFFICERS AND TIGHTEN CIVILIAN CONTROL Classified By: Ambassador Richard W. Erdman, for reasons. 1.4 (b) and (d). OVERVIEW -------------- ¶1. (U) President Abdelaziz Bouteflika signed into law February 28 a general statute on military personnel that replaces a previous law dating to 1969. The explanatory preface of the new statute explained that the old law no longer responded to the current military requirements of Algerian society, especially given the need to professionalize the military. The preface further explains that the new statute was developed with the intent of supporting the military's professionalization and is based on extensive studies of the experience of foreign military establishments as well as Algeria's own experience, based on a number of seminars and conferences held by military and civilian leaders. While not explicitly stated, Bouteflika's signing of the new statute on the same day he signed the implementing ordinances of the Charter for Peace and Reconciliation implies a further strengthening of civilian control over the military. The restrictions described paragraph 5 should be read in this context, since they erect a higher barrier between the barracks and civilian life. The obligatory retirement limits, unless the President waives them, have the added effect of enhancing civilian control. NEW LIMITS ON AGE AND YEARS OF SERVICE ESTABLISHED -------------- -------------- ¶2. (U) The preface states that the most important aspect of the new statute is the emphasis on shortening the length of military careers by establishing limits on age and length of service. This new initiative is considered a key element in the professionalization of the armed forces and is referred to as "an instrument of dynamic management." The limits established in the new statute, by age and years of service, are as follows: -- Lieutenant Generals (Chief of Staff only) are limited to serving until age 64 or a maximum of 42 years of service. -- Major Generals age 60 or 38 years of service -- Brigadier Generals age 56 or 36 years of service -- Colonels age 53 or 32 years of service -- Lieutenant Colonels age 48 or 28 years of service -- Majors age 45 or 25 years of service -- Captains age 38 or 18 years of service -- First Lieutenants age 33 or 14 years of service -- Second Lieutenants age 30 or 8 years of service -- Chief Warrant Officers age 48 or 30 years of service -- Warrant Officers age 44 or 25 years of service ¶3. (U) According to Article 21 of the statute, no one is allowed to serve beyond the stipulated age during times of peace. The President can, however, waive these limits for officers at the rank of Major and above if they occupy key positions in the military hierarchy. In addition, medical officers, lawyers, and other specialists can serve 5-7 years beyond the described limits, with a maximum overall limit of 60 years of age and 40 years of service. GREATER INTEGRATION OF WOMEN -------------- ¶4. (U) Another aspect of the new law that the explanatory preface emphasizes is greater flexibility in rules aimed at facilitating the integration of women into the armed forces. This flexibility primarily involves affording female personnel the same legal protections to maternity leave currently provided to the civilian workforce. THE MILITARY DOES NOT ENJOY THE SAME RIGHTS AS CIVILIANS -------------- -------------- ¶5. (U) The new law specifically denotes in the preface the necessity to limit or deny the exercise of certain fundamental, constitutional rights and freedoms as they apply to military personnel. Freedom of expression is limited, and public expression requires pre-authorization by military authorities. Freedom of conscience must be exercised discreetly, and proselytizing is strictly forbidden. Freedom of association is restricted. Military personnel may not belong to political parties, labor unions, or religious associations with a political purpose. Freedom to work after returning to civilian life is restricted to the extent that employment in an enterprise having commercial relations with the military is subject to specific rules and regulations. Marriage requires the authorization of military authorities. Individuals on active duty are not eligible for elective office. The right to strike is absolutely forbidden, and the freedom to move inside and outside the nation's borders is restricted by the terms of military service. ANALYSIS AND COMMENT -------------- ¶6. (C) The age restrictions are a significant change to Algerian policy and are even more restrictive than the age limits for U.S. military personnel, although the years of service are less restrictive. The provisions of the new law are clearly aimed at maintaining a vigorous military force with a constant rejuvenation of the senior leadership. When the DATT asked a group of mid-level Algerian officers for their reaction to the new law, they cited the age limits as the most important aspect of the statute and thought them essential to invigorating the military leadership and ensuring a professional force. Similarly, the President of the Senate Defense Commission told Ambassador the legislation was an important step in building democracy and establishing the rule of law in Algeria. ¶7. (C) Given the age of the current military leadership, the new statute could have a dramatic effect on the leadership's composition in the near term. The current Chief of Staff is seven years beyond the new mandatory retirement age, and virtually all other general officers in senior positions are either beyond the new retirement age or within one year of the limit. President Bouteflika has the option of waiving the new limits, but the betting is that it is more likely he will use the new law to announce several significant changes this year. The most likely change would be the retirement of General Ahmed Gaid-Salah, the Chief of Staff. He is well beyond the new mandatory retirement age and has served in his current position since August 2004. Gaid-Salah, moreover, has not been promoted to the rank of Lieutenant General, the rank held by his predecessor. Replacing him as Chief of Staff would demonstrate that Bouteflika is serious about implementing the new military personnel policies. ERDMAN