Algeria 1996
The 1996 amendment of Algeria’s constitution aimed to end an extensive period of violence that had spanned five years and claimed over 50,000 lives. The trouble had started in January 1991, when Muslim extremists took up arms against the government. They were angered by cancellation of the first multiparty legislative election, in which the Islamic Salvation Front, an Islamist party, had predominated. The military declared a state of emergency and established a “transitional” regime that permitted little popular participation. When the government called a new multi-party election for November 1995, violent clashes between Islamist and security forces intensified. Opposition parties boycotted the November 1995 election, facilitating the victory of the incumbent.
Amidst continued violence, the president initiated in-house discussions regarding revision of the constitution. In April he announced his intention to organize a “national conference” to discuss constitutional reforms and began bilateral meetings with major parties (excluding extremist Islamist parties) to produce a memorandum outlining major aspects of constitutional reform. The memorandum was published on May 11, and comments were then taken for a period of 15 days.
In July 1996, amidst new street clashes in the capital, a dialogue among political parties began, followed by the creation (in August) of four joint commissions representing the president and some of the most popular and moderate opposition groups. These commissions worked to develop the text of reforms and their discussions were closely controlled. They excluded radical Islamic groups and invited very little public commentary. In mid-September, the president convened a 2-day “national understanding conference” in which 38 leaders voted to put the amendments to referendum. Those participating agreed to support a platform condemning violence, establishing a framework for multi-party democracy, and banning the use of Islam and ethnic identity (especially Berber and Arab) as political weapons to win power. A referendum on the proposed reforms began on November 26, 1996. Despite boycotts, continued violence, and death threats against those participating in the referendum, approximately 80% of eligible voters participated. The new constitution was approved by 85% of those voting and was signed into law by the president on December 7, 1996.
Violence continued throughout the reform process. Opposition to the amendment process (as well as its content) focused on the exclusion of the radical Islamic groups. The new constitution strengthened the presidency, created a bicameral legislature, and banned religion-based political parties. It also limited presidential tenure to two five-year terms, and re-affirmed Islam as the state religion.