Algeria is set to introduce a new law regarding political parties. A draft law has been prepared by the reform commission and has been forwarded to the political parties.
The consultations around the new law on political parties mark the first step in a national dialogue on this reform.
These consultations were announced by the President of the Republic, Abdelmadjid Tebboune, in his speech to Parliament members at the end of last December.
The initial draft of the proposed law is now ready. The text outlines numerous changes to the status and operations of political formations.
These changes are necessitated by the need to align current legislative frameworks with the provisions of the 2020 Constitution, which guarantees political parties freedom of opinion, expression, assembly, and peaceful demonstration, access to public media and public funding, as well as the exercise of power through democratic alternation, according to the government’s statement.
Prohibition of Political Nomadism in Algeria
Multiparty politics was established in Algeria over 35 years ago, and the current law governing political parties dates back to 2012. Authorities believe it’s time to update this law to reflect the country’s evolving situation.
The changes stem from “practice and experience,” which have shown “certain deficiencies and gaps” in existing laws, and the failure to address certain situations, the government further notes.
One significant gap addressed by the new text is what’s known as “political nomadism,” or changing political affiliation after being elected under one party’s banner.
If the draft is adopted in its current form, this practice will be strictly forbidden and penalized. Article 21 of the draft law states, “A member of a political party elected to the National People’s Assembly or the Council of the Nation who voluntarily changes the affiliation under which they were elected will automatically lose their mandate and be permanently removed from the party’s lists.”
In another vein, to promote democratic functioning and alternation within parties, Article 37 stipulates that members of the deliberative and executive bodies of political parties are elected for a maximum of two five-year terms.
Boycotting Elections: Risks for Political Parties in Algeria
Article 53 of the draft law also prohibits mixing partisan activities with union activism. “A political party cannot have an organic link of dependency or control with a union, association, or any other non-political organization,” it reads.
Another issue the new law aims to end is the successive boycott of several elections. This draft law allows the Ministry of the Interior to “seek judicial dissolution of a political party that does not present candidates in two consecutive elections.”
Under the current law, dissolution can be decreed if a party does not participate in four consecutive legislative and local elections.
Article 87 outlines the scenarios under which the Minister of the Interior can request judicial dissolution of a political party. These include activities contrary to the Constitution or law, not fielding candidates in at least two consecutive elections, and non-compliance with Article 84 of this law.
Article 84 allows the Minister of the Interior to suspend a party’s activities if it fails to conduct its organic activities, continues activities post-mandate expiry, or if internal conflicts lead to cessation of party activities.
All political parties in Algeria, whether compliant or not with existing laws, must align with the new law through congresses immediately following the law’s enactment and publication in the Official Gazette (Article 95).
Criminal penalties, including some that involve deprivation of liberty, are also outlined for certain offenses related to the operation of political parties.
Funding from abroad, “under any title whatsoever,” could result in a prison sentence of 5 to 10 years and a fine of 500,000 to 1 million dinars for the responsible party, while the party itself faces a fine of 1 to 5 million dinars.
The political class has yet to express a broad opinion on the new text. One of the few reactions came from Soufiane Djilali, president of Jil Jadid, who expressed on social media that this draft law would “indirectly abolish multipartyism” and if adopted, “the democratic parenthesis would close.”
Pendant que les Algรฉriens se mobilisent pour dรฉfendre leur pays contre les attaques extรฉrieures, le pouvoir rend public un avant-projet de loi qui abolira indirectement le multipartisme. S'il est adoptรฉ, la parenthรจse dรฉmocratique se refermera.
— Soufiane Djilali โข ุณููุงู ุฌููุงูู (@SoufianeDjilali) January 14, 2025
