Identifier
Created
Classification
Origin
08ALGIERS750
2008-07-02 10:50:00
CONFIDENTIAL
Embassy Algiers
Cable title:  

KEY OFFICIALS SAY CONSTITUTIONAL CHANGE IS IMMINENT

Tags:  PGOV KDEM AG 
pdf how-to read a cable
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DE RUEHAS #0750/01 1841050
ZNY CCCCC ZZH
P 021050Z JUL 08
FM AMEMBASSY ALGIERS
TO RUEHC/SECSTATE WASHDC PRIORITY 6060
INFO RUEHFR/AMEMBASSY PARIS 2788
RUEHMD/AMEMBASSY MADRID 8984
RUEHRB/AMEMBASSY RABAT 2421
RUEHTU/AMEMBASSY TUNIS 7275
RUEHTRO/AMEMBASSY TRIPOLI
RUEHNK/AMEMBASSY NOUAKCHOTT 6442
RUEHNM/AMEMBASSY NIAMEY 1662
RUEHBP/AMEMBASSY BAMAKO 0620
RUEHCL/AMCONSUL CASABLANCA 3472
RHMFISS/HQ USEUCOM VAIHINGEN GE
C O N F I D E N T I A L SECTION 01 OF 02 ALGIERS 000750 

SIPDIS

E.O. 12958: DECL: 07/01/2018
TAGS: PGOV KDEM AG
SUBJECT: KEY OFFICIALS SAY CONSTITUTIONAL CHANGE IS IMMINENT

REF: ALGIERS 728

Classified By: Charge d'Affaires, a.i. Thomas F. Daughton;
reasons 1.4 (b) and (d).

C O N F I D E N T I A L SECTION 01 OF 02 ALGIERS 000750

SIPDIS

E.O. 12958: DECL: 07/01/2018
TAGS: PGOV KDEM AG
SUBJECT: KEY OFFICIALS SAY CONSTITUTIONAL CHANGE IS IMMINENT

REF: ALGIERS 728

Classified By: Charge d'Affaires, a.i. Thomas F. Daughton;
reasons 1.4 (b) and (d).


1. (C) SUMMARY: Although the Algerian press over the past
nine months has regularly trumpeted that constitutional
change was coming any day, June 30 conversations with new
Prime Minister Ahmed Ouyahia, parliamentary Speaker Abdelaziz
Ziari and prominent senators and MPs suggested that the
effort to revise the Algerian constitution may finally be at
hand. The process will likely focus on two aspects of
executive power, and it appears certain that President
Abdelaziz Bouteflika will submit the amendments to a special
joint session of parliament rather than to a national
referendum. According to PM Ouyahia, one aim will be to make
the Algerian political system "more presidential" and less of
a hybrid between the president as head of state and the prime
minister as head of government. The goal, as expressed to us
by the officials who will be driving the revision, is to
improve coordination in the executive branch and reduce the
gap between the presidential program and the prime minister's
legislative agenda. We take this to mean either that the
powers of the prime minister will be significantly redefined
or that the post will be transformed, perhaps into a position
of vice president. The second item is the elimination of the
two-term limit on the presidency, which our interlocutors
claimed was a "secondary issue." All indications are that
the process could be very quick and, given the Algerian
penchant for symbolism, may even follow on the heels of the
July 5 Algerian independence day holiday. END SUMMARY.

AN END TO "BICEPHALISM"
--------------


2. (C) The June 28-30 visit of Rep. Betty McCollum, who was
granted an unusual number of high-level meetings, allowed us
an opportunity to ask Algeria's top officials directly about
the long-rumored process of constitutional change. Just a
week after being reappointed prime minister (reftel),Ahmed
Ouyahia told Codel McCollum that nobody should be surprised
by President Bouteflika's intent to revise the constitution,
since "he said it in 1999" when he took office and then
"confirmed it two years ago." Ouyahia told us that the
revisions would focus only on the organization of executive

power and that there would be no re-examination of the
current constitution's treatment of basic principles,
individual rights, or relations among the three branches of
government.


3. (C) National Assembly (APN) President Abdelaziz Ziari
summarized the coming revision by stressing the need to
remove "bicephalism" from the Algerian executive branch,
making the system "more presidential." He explained that
there has been a systemic gap between the agenda of the
president and the legislative agenda, with the prime minister
straddling a hazy line in the middle. Ouyahia told Codel
McCollum that successful government in Algeria has depended
not on its institutions but rather on the relationship
between the president and the PM. Referring to the Algerian
constitution as a hybrid "DeGaulle model," Ouyahia said that
the closest the Algerian system had ever been to a true
presidential system was under President Houari Boumediene
when he chose to leave the prime minister's seat vacant.

ALREADY MISSED THE OPPORTUNITY ONCE
--------------


4. (C) PM Ouyahia told Codel McCollum that Lamine Zeroual,
who was president during Ouyahia's first term as prime
minister from 1995-98, missed an opportunity in 1996 to
address the same constitutional problems. (Note: In 1996,
Zeroual amended the constitution to clarify rules on the
creation of political parties. Ouyahia implied that Zeroual
could have added other items to the amendment process at the
same time but chose not to. End Note.) Ouyahia claimed he
told Zeroual at that time that the role of the prime minister
as head of government "did not make sense," since in many
other countries the head of government is the actual head of
state. In Zeroual's favor, Ouyahia conceded, during the
turmoil of the 1990s the prime minister served as a
"firewall" to help maintain the stability of the regime.
Ziari was quick to point out that the "temptation was great"

ALGIERS 00000750 002 OF 002


to roll back civil liberties and freedoms during the 1990s,
but that "we chose not to do that."

A LITTLE LESS CONVERSATION
--------------


5. (C) Abdelhamid Si Afif, chairman of the foreign affairs
committee in the lower house, told Charge on the margins of a
June 30 lunch for Codel McCollum that he expected parliament
to approve the proposed amendments to the constitution in a
special joint session of both houses to be held prior to the
recess of the current parliamentary session in mid-July.
When asked if that would allow enough time for debate about
the proposals, Si Afif replied that there would be no debate:
"The amendments will be presented to the joint session and we
will vote." Senator Mohieddine Amimour told us the evening
of June 30 that he expected approving the amendments to be
one day's work. Amimour anticipated some discussion about
clarifying the institutional elements of the executive
branch, but added that lifting the term limit "could be done
in fifteen minutes." Ziari also characterized term limits as
"a secondary issue," less important than streamlining the
executive branch and addressing the position of the prime
minister. Amimour said the process was ready to go and could
occur as early as the week of July 5.

COMMENT: READY TO LAUNCH
--------------


6. (C) The current Algerian system was an attempt to copy the
structure of DeGaulle's Fifth Republic, but has always placed
greater emphasis on the president's agenda. By law, if
parliament does not approve a bill it is dissolved. Thus, if
Bouteflika formally presents his constitutional amendments to
a special joint session, parliament technically risks its own
survival by opposing them. Ouyahia, Ziari, Si Afif and
Amimour all spoke of the need to ease political stagnation
and implement Bouteflika's agenda. According to Ouyahia, the
mood of the Algerian people "is that Bouteflika is doing
great things but the people around him are holding him back."
Given that revising the constitution is one of several
heavily publicized priorities for Ouyahia's latest stint as
prime minister, it appears that the process may now be
imminent. Ouyahia's paean to the glory days of Boumediene,
when presidential authority was unfettered by a prime
minister, suggests that the PM's role may shortly be
considerably circumscribed, perhaps through redefinition of
the post or even conversion of it to a vice presidency.
Judging from the unanimity among the officials with whom we
spoke, it also appears highly likely that the two-term limit
on the presidency will be abolished.
DAUGHTON