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Al-Ahram Weekly 5 - 11 August 1999 Issue No. 441 
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Published in Cairo by AL-AHRAM established in 1875 |
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Al-Ahram Weekly 5 - 11 August 1999 Issue No. 441
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| Published in Cairo by AL-AHRAM established in 1875 |
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The bloodshed may have abated, but the country is still torn. Amira Howeidy, in Algeria, investigates the plans and problems of some very uneasy bedfellows as the "new era" -- complete with conflict, broken promises and efforts to make the best of a bad situation -- dawns on a country still reeling from seven years of civil strife
Egypt Region International Economy Opinion Culture Profile Focus Interview Features Travel Living Sports Time Out Chronicles People Cartoons Letters Reasons for optimism
Does Algeria's salvation lie in the Civil Concord Law?
Algerians will head to the ballot boxes on 16 September to cast their votes for "peace". President Abdel-Aziz Bouteflika, by putting the Civil Concord Law to a referendum, although both the upper and lower houses of parliament already passed it unanimously late last month, aims at winning popular support for his plan to bring peace to the war-torn country. Critics have another way of interpreting it: Bouteflika, whose election was contested as being undemocratic, is obsessed by the idea of imposing a state of law. In other words, the referendum will reflect popular opinion of him and his legitimacy.
At any rate, the Civil Concord Law appears to constitute the last chapter in a series of radical legal amendments that began in 1992 when the army stepped in to scrap the nation's first ever parliamentary elections, which the Islamic Salvation Front (FIS) was poised to win.
In 1992, a court verdict declared the FIS an illegal party. By then, the army was openly running the country. The then minister of defence, Liamine Zeroual, was appointed president and an appointed parliament dubbed the 'National Transitional Council' (NTC) was issuing laws.
By 1995, the realisation that Algeria lacked the minimum requirements for a state of law made presidential elections an urgent necessity. It came as no surprise that the election law was modified before the poll, making it very difficult for certain independent candidates to run for president.
Still, when Zeroual ran for the elections, competing against three rivals representing different political trends, voter turn-out was high and the elections, contrary to expectations, were described as generally fair. A year later, amendments were made to the constitution after a public referendum in 1996. This move, however, was received by accusations of fraud. The political parties law was also modified in the process. The new constitution stipulated that the Algerian identity is Islamic, Arab and Berber, and forbade the manipulation of these three basic pillars in any way. Political parties could not even use them as a base for their platforms.
As independent legislators argued at the time, the 1989 constitution stipulated that any constitutional amendments must first be decided by an elected parliament. Since the NTC was appointed, the 1996 amendment was unconstitutional.
In June 1997, parliamentary elections were held nevertheless, again accompanied by accusations of fraud. Finally, the presidential elections were held last April, bringing Bouteflika to office after his six rivals stepped down at the eleventh hour. For some time, he was dubbed the "army's choice".
But Bouteflika was not prepared to accept that image, observers say. His numerous appearances in the local and international media, and his passion in discussing his ambitious plans for reconciliation, suggested that Bouteflika's new image was meant to convey hope.
The Civil Concord Law is his solution for the Algerian crisis. It seeks to sift out the chaff, by distinguishing between those who killed and those who simply joined the armed groups but did not engage in acts of violence. To prove his good intentions, Bouteflika has said he released 2,500 of Algeria's 5,000 political prisoners. In no time, the remaining half will be out too, he has promised.
The law also encourages those who took up arms and are seeking shelter in the mountains to hand themselves over, declaring their repentance and loyalty to the regime. If they did not commit murder or rape or place explosives in public places, they will be pardoned but remain under the observation of the security forces for periods ranging from three to 10 years. During this time, they will not be permitted to engage in political activity of any sort.
Bouteflika's attempts at reconciliation have not been welcomed unanimously. Former Prime Minister Mawloud Hamroush, who was a candidate in the April presidential elections, has described the Civil Concord Law as "an insufficient formula to end the crisis". It fails to tackle the roots of the problem, he maintains. More importantly, argues Hamroush, "it cancels the system of justice because it gives the security apparatus, not the legal system, the right to implement the law and to decide who merits the amnesty and who doesn't."
Hamroush during his bid for the presidency
Nor does Hamroush understand why releasing prisoners deserves applause: the move, he insists, "overrules the independent channels. A president imprisons people then another president releases them: where is the legal system here?" he demands.
The law, however, will encourage many to lay down their arms. "But this will not affect the situation greatly since it does not tackle the crux of the crisis or the reasons that lead to it," Hamroush suggested. "Actually, it might even complicate the situation further. Doesn't it boil down to limited guarantees given to a limited group? Given the fact that the price paid in the process can be counted in tens of thousands of lives, I think the result is very poor."
Proponents of the law argue that, at this stage, it represents the only plausible way out of the crisis. Says former Prime Minister Ahmed Ouyehia: "This is a very good law for everyone, the FIS included. They no longer have control over the armed groups and violence has been reduced significantly. So they don't have much of a role to play. The law allows them to go back home."
A year ago, the word "reconciliation" was taboo. Today, a law seeks to achieve it. "There is a lot of hope, and this is a great achievement in itself," Abdel-Aziz Belkhadem, former parliament speaker, told the Weekly. "The law is necessary as a gradual step toward peace in Algeria. It is true, the institution is the same, but when the person at the helm changes, changes are bound to take place." Reconciliation cannot be achieved via a law, he admitted, "but what else could have been done given the situation? Something had to be done, because there was a general fear that the crisis would never end."
The restrictions in the law may not be cause for great optimism, argued Belkhadem, "but public support manifested in the referendum might give the president the courage and strength he needs".
