Government

Overview

The Algerian government is a multi-party republic with a constitution and a strong presidency. In 1992 Algeria’s military-led government cancelled the second round of national legislative elections following the overwhelming success of an Islamist party in the first round. This action led to a popular revolt that ultimately cost the lives of as many as 150,000 people. In the early 2000s, the government offered amnesty to the rebels; violence has since abated, but a state of emergency continues. The overwhelming re-election of President Abdelaziz Bouteflika in April 2004 reflects his success in restoring relative stability to the country following a period of bloody civil strife.

Branches of Government

Algeria observes a separation of powers among the executive, legislative, and judicial branches of government. In general, the president and the executive branch implement the law, the parliament passes legislation, and the courts decide on civil and criminal cases. The president is the head of state and has wide-ranging powers, including the ability to appoint and dismiss the prime minister, who serves as head of government. The president is also commander in chief of the armed forces, and the current president presently serves as minister of national defense. The president is elected to a five-year term and may be re-elected once. President Abdelaziz Bouteflika was elected to a second term in April 2004, reportedly with 85 percent of the vote. Although the prime minister appoints the Council of Ministers, the president heads both the Council of Ministers and the High Security Council, which advises the president on national security issues.

Algeria has a bicameral parliament. The lower chamber is the 389-member National People’s Assembly (Assemblée Populaire Nationale—APN), and the upper chamber is the 144-member Council of the Nation. Members of the APN are popularly elected for five-year terms. The last elections for the APN were held in May 2002. Regional and local authorities elect two-thirds of the Council of the Nation, while the president appoints the remaining members. The members serve six-year terms; half stand for election or appointment every three years. The Council of the Nation was last constituted according to this procedure in 2003. Legislation may originate with either of the chambers or with the president.

Although Algeria’s constitution mandates an independent judiciary, the executive branch exercises some influence over its operations. Ordinary courts have initial jurisdiction over civil proceedings. Each of the 48 provinces has a court of appeal that reviews initial court decisions. The Supreme Court has the highest jurisdiction. Administrative courts have jurisdiction over minor disputes. The State Council, which was established in 1998, regulates the administrative courts. The Court of Auditors oversees public spending and services. The nine-member Constitutional Council ensures that legislation is consistent with the constitution and supervises elections. The High Islamic Council promotes Islamic case law. Military courts have jurisdiction over cases involving security- or terrorism-related charges brought against both military personnel and civilians.

Constitution

Algeria’s constitution was adopted on November 19, 1976. It was subsequently modified in 1979 and amended in 1988, 1989, and 1996. The constitution mandates a multi-party state, but the Ministry of Interior must approve all parties. Article 2 designates Islam as the state religion.

Administrative Divisions

Algeria is divided into 48 provinces (wilayas; sing., wilaya): Adrar, Aïn Defla, Aïn Temouchent, Alger, Annaba, Batna, Bechar, Bejaïa, Biskra, Blida, Bordj Bou Arreridj, Bouira, Boumerdes, Chelif, Constantine, Djelfa, El Bayadh, El Oued, El Tarf, Ghardaïa, Guelma, Illizi, Jijel, Khenchela, Laghouat, Mascara, Médéa, Mila, Mostaganem, M'Sila, Naama, Oran, Ouargla, Oum el Bouaghi, Relizane, Saïda, Sétif, Sidi Bel Abbes, Skikda, Souk Ahras, Tamanghasset, Tébessa, Tiaret, Tindouf, Tipaza, Tissemsilt, Tizi Ouzou, and Tlemcen. Provinces are further divided into communes.

Provincial and Local Government

A governor (walis), appointed by the president and subordinate to the Ministry of Interior, heads each of Algeria’s 48 provinces. Elected assemblies govern each province and commune, the next lower administrative division. In November 2005, the government held special regional elections to address under-representation of Berber interests in regional and local assemblies.

Judicial and Legal System

The top three sources of Algerian law are treaties or conventions ratified by the president, the legal code, and Islamic law. French jurisprudence has not been observed since 1975. According to the constitution, defendants are entitled to a public trial, during which they are presumed innocent, they may confront witnesses, and they may present evidence. They also have the right to appeal the verdict. Despite these constitutional protections, defendants, particularly women, are sometimes denied due process, including the opportunity to examine government evidence, according to the U.S. Department of State.

Electoral System

Universal suffrage applies at age 18. Presidential elections, which are held every five years, are next scheduled for April 2009. Legislative elections, also held every five years, are scheduled for May 2007.

Politics and Political Parties

The Ministry of Interior must approve all political parties, and, according to the constitution, membership may not be “based on differences in religion, language, race, gender, or region.” The most influential political party is the National Liberation Front (Front de Libération Nationale—FLN), which holds 52 percent of the seats in the National People’s Assembly. President Abdelaziz Bouteflika does not officially belong to any political party, but he is honorary chairman of the FLN. In February 2005, the FLN voted to support Bouteflika after a dissident faction agreed to drop opposition to his policies. Other major parties are the Front of Socialist Forces, the Movement for National Reform, the Movement of Society for Peace, and the National Rally for Democracy. In 1992 the government outlawed the Islamic Salvation Front. Altogether, Algeria has about 40 political parties.

Foreign Relations

Algeria maintains diplomatic relations with more than 100 countries. From January 2004 until December 2005, Algeria held a non-permanent, rotating seat on the United Nations Security Council. Algeria and the United States have a somewhat ambivalent relationship, but the two countries formed strategic ties in the battle against radical Islam following the September 11, 2001, terrorist attacks on the United States. Relations between Algeria and France also are ambivalent because of the mixed legacy of French colonialism. However, the French language remains influential, France is a major trading partner for Algeria, and the two nations were in the process of pursuing a friendship treaty in 2005. In Africa, Algeria’s diplomatic initiatives include hosting peace talks between Ethiopia and Eritrea in 2000, cooperating with Egypt, Nigeria, Senegal, and South Africa on the New Partnership for Africa’s Development (an African Union development initiative), and promoting the Arab Maghreb Union (an economic bloc encompassing Algeria, Libya, Mauritania, Morocco, and Tunisia). Algeria supports the Polisario, a Western Sahara independence movement, by providing it with sanctuary in southwestern Algeria. The border region between Morocco and Algeria has been the site of terrorist violence. Although Morocco lifted visa requirements for Algerians in 2004, Algeria has declined to reciprocate. In the Middle East, Algeria advocates the Palestinian cause.

Human Rights

In its annual country report on human rights practices released March 2006, the U.S. Department of State noted the persistence of a number of human rights problems in Algeria but credited the government with having taken several significant steps to strengthen human rights in 2005. Continuing problems listed in the report include failure to account for past disappearances, alleged incidences of abuse and torture of detainees, impunity, arbitrary arrest and prolonged pretrial detention, denial of due process, restrictions on civil liberties and freedom of religion, corruption, and discrimination against women and minorities. Improvements cited in the report include a significant reduction in the incidence of abuse, torture, and arbitrary arrest by security forces; a crackdown on government (including judicial) corruption; the strengthening of equal rights protections for women in the Family Code and Nationality Code; and an attempt to address under-representation of Berber interests in the Kabylie by holding special regional elections in November 2005.

Source: Library of Congress – Federal Research Division Country Profile