CONSTITUTIONAL AMENDMENTS APPROVED WITHOUT DEBATE

C O N F I D E N T I A L SECTION 01 OF 02 ALGIERS 001208

SIPDIS

E.O. 12958: DECL: 11/12/2018
TAGS: PGOV KDEM KISL AG
SUBJECT: CONSTITUTIONAL AMENDMENTS APPROVED WITHOUT DEBATE

REF: A. ALGIERS 1194

B. 07 ALGIERS 1749

Classified By: DCM Thomas F. Daughton; reasons 1.4 (b, d).


1. (C) Algeria's new constitution was ratified in a special
November 12 joint session of the Algerian parliament, during
which senators and MPs voted overwhelmingly to approve the
constitutional amendments proposed by President Abdelaziz
Bouteflika (ref A). After an introduction by Senate
President Abdelkader Bensalah, Prime Minister Ahmed Ouyahia
outlined each of the amendments for the assembled MPs.
Following a 40-minute break, the MPs regrouped and approved
the amendments by a show of hands. After brief closing
remarks by Bensalah, the constitutional revision session was
officially concluded in time for lunch. Parliamentarians
from both the ruling coalition and opposition confirm that at
no time during the process -- which began a day earlier with
a special meeting of the joint judicial committees of both
houses -- was the floor opened up for debate on the content
of the amendments. The November 12 proceedings were
broadcast live on Algerian state television.

A LEGISLATIVE BLITZKRIEG
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2. (C) As reported ref A, the official process began with the
November 3 meeting of the Council of Ministers, convened by
Bouteflika. The Ministers approved the amendments that same
day and by close of business had passed them to the
Constitutional Council for its required review. The Council
announced its support over the weekend; the amendments were
presented to both houses of parliament the next morning. In
advance of the November 12 special session to ratify the
amendments, a joint session of the judicial committees of
both houses met and gave its approval, a required legal step
for presentation of the legislation to the November 12 full
session. The senators and MPs approved the amendments by a
show of hands, with 500 attendees voting yes, 21 voting no,
and 8 abstentions. All told, the process of revising the
constitution took nine days, during which it passed through
and received the blessing of all of the major institutions
within the three branches of government -- the cabinet, the
judiciary, and parliament.

"WE DON'T NEED DEBATE"
--------------


3. (C) Miloud Chorfi, spokesperson of PM Ouyahia's National
Democratic Rally (RND),told us following the ratification
that the revision was "a very positive step for Algeria." He
said Algeria would now have "a strong presidential regime,
and one efficient legislative program," the implementation of
which would be the mandate of the prime minister. Chorfi
conceded that there had been no debate or discussion at any
point during the amendment process, but said "we don't need
debate," as the revisions were clear and well-prepared.
Unsurprisingly, opposition MP Tarek Mira of the Rally for
Culture and Democracy (RCD) blasted the entire process in a
conversation with us after the vote. The process, Mira said,
"was a total masquerade," and was merely designed to approve
the amendments. At no time, Mira said, were MPs given an
opportunity to raise objections, ask questions or make
statements. The RCD's 19 members in the lower house of
parliament were the bulk of those who voted against the
amendments.

COMMENT: WHAT COMES NEXT
--------------


4. (C) As parliamentarians have confirmed, the constitutional
revision process was devoid of any debate in any of the
branches of government. Under the new constitution, PM
Ouyahia must now technically resign and be reappointed by
Bouteflika. Bouteflika may now also appoint vice-prime
ministers. Conventional wisdom, echoed this week in an
editorial in the French-language daily El Watan, is that
Bouteflika will now use that authority to appease Islamists
and members of the ruling coalition alike by appointing
Ministers of State Abdelaziz Belkhadem and Bouguerra Soltani
as vice-prime ministers. Belkhadem is the head of the
National Liberation Front, the largest party in the ruling
coalition, while Soltani is the head of the Movement for a

ALGIERS 00001208 002 OF 002


Society of Peace, the coalition's Muslim Brotherhood party.
With Ouyahia as president of the RND, all three coalition
parties would then be accounted for. The next step towards
the April 2009 presidential elections will be the expected
formal announcement by Bouteflika of his candidacy for
reelection. The smooth bending of Algeria's political
institutions to Bouteflika's will on the constitution,
coupled with the irregularities of the most recent elections
last November (ref B),leaves little reason to believe that a
Bouteflika candidacy will augur competitive and transparent
elections.
PEARCE