A. The Army’s Grip on the System of Government
Under the terms of the 1963 Constitution, the FLN, purged of its main opponents, was the only party, and was defined as a revolutionary vanguard. The party “realizes the will of the people,” whose “aspirations it translates”.9 Both theoretically and constitutionally, the single party instigated and controlled the direction of the state and the legislative power. Candidates in the presidential and legislative elections were nominated by the party, before being submitted to universal suffrage. If we are to judge by the rhetoric and the text of the constitution, Algeria was a one-party state, which is moreover how it has been described by constitutionalists who have attempted to analyze this regime.10 This system corresponds, at least from a theoretical point of view, to the Soviet model of the time. Thus as Juan J. Linz recalls, the official summing up of the Soviet philosophy says “only the party expressing the interest of the entire nation […] is qualified […] to control the work of all organizations and organs of power. The party realizes the leadership of all State and public organizations”.11 Before evaluating this system and examining how the army is placed within it, it is worth looking at the 1976 Constitution which, despite differences in drafting, adopts an entirely comparable system.
The 1976 Constitution was adopted on November 22, 1976, to succeed the 1963 Constitution after Colonel Būmadyan had held power for more than ten years following the 1965 coup.12 After this constitution was adopted, Colonel Būmadyan was elected President of the Republic after being nominated by the FLN. One chapter addresses the “public function”, which details the preeminent role of the party, and another chapter covers the People’s National Army (ANP). As far as the single party is concerned, it remains the one upon which “the institutional system rests” (Art. 94). “The leadership of the country is the embodiment of the unity of the political leadership of the Party and of the State” (Art. 98).
In such a system, how is the army able to play the role that the various interventions referred to above suggest it plays? In Algeria, the party had not overcome the divisions that had shaken the FLN after the crisis in 1962. Neither Ben Bellah, general secretary of the party and President of the Republic, nor Būmadyan, who would govern the state and the party from June 1965 until his death in December 1978, allowed the party to play the role described in the constitution. In the Algerian journal El Watan of June 4, 2012, the historian (p. 378) Mohamed Harbi wrote that Colonel Būmadyan was opposed to the creation of a military commission within the single party, signifying his refusal to allow the party to interfere in the affairs of the army.
Let us suppose that the party plays the leading and decisive role described by the constitutions of 1963 and 1976; the predominant role of the army could then only be realized by it controlling the party, either by choosing the members of governing bodies or by having military officers sit on such governing bodies. In practice, although the party never played a leading role, the Military Command used two methods to exert its grip on political and social life. A quarter of the members of the party’s Central Committee consisted of members of the military. This of course did not give the army a majority, but the purpose of their presence was not to sway the voting. For the FLN at least, there was never any question of contesting the decisive role of the Military Command, especially after the coup of June 1965. The strong army presence in the Central Committee of the single party suggests that the army was participating in political thinking and action. During the single-party era, the army’s presence in the Central Committee was a signal to the politicians and to the population that the army “that liberated the country” was standing guard and participating in the country’s “political and economic development”. In practical terms, the army’s presence in the Central Committee enables the other members to be informed of the Military Command’s views with regard to the policies on the agenda. The army representatives stand guard and provide others with an example to follow.13
From the 1965 coup until the 1976 Constitution, Algeria lived without a constitution, under the leadership of Colonel Būmadyan—as head of state, president of the Council of the Revolution, minister of defense, and army chief of staff. He was the true leader of the single party, although other leaders, such as Sharīf Belqāsim, Aḥmad Qāyid, Colonel Yaḥyāwī, or Sharīf Massāʿadīyah, were appointed to “administrate” the single party with his agreement or that of his successor.14 The party’s responsibility was defined officially as “the responsibility for the Party Machine”. In truth, the Military Command never wished to build the party from the base up, even in the context of the democratic centralism being tried or displayed in the USSR or in the other people’s democracies of the time. That is to say, in this system it is not the party that exerts a grip over the army, but precisely the reverse. The single party is a tool used by the Military Command to govern political and social life. Furthermore, the single trade union and the professional organizations, like women’s or farmers’ organizations, were tied to the single party and thus clearly and definitively placed under the grip of the Military Command.
During the single-party era, neither the 1963 Constitution nor the 1976 Constitution reflected this situation. The 1963 and 1976 constitutions are written along the same lines: The FLN Party is supposed to guide and direct the policies of the state, but little is said about the role of the army. Indeed, under Art. 8 of the 1963 Constitution and Art. 82 of the 1976 Constitution, “The National People’s Army, successor to the National Liberation Army and defender of the Revolution, shall have as its permanent duty the task of protecting independence and national sovereignty. It shall have responsibility for assuring the defense of the unity and integrity of the country, as well as the protection of its air space and its territory, its territorial waters, its continental shelf and its exclusive economic zone. The (p. 379) National People’s Army, the instrument of the Revolution, shall participate in the country’s development and the construction of socialism.”
Granted, the constitution does indicate that the army shall “participate” in the policies for the development and the construction of socialism—in other words, in everything that is deemed to matter. However, under the terms of the constitution, the army is nonetheless an instrument of the revolution, directed by the party. This depiction of the political system in the text of the constitution is what constitutionalists have described as “government by the Party”.15 However, in practice the relationship between the single party and the Military Command is precisely the reverse of what it is said to be according to the constitutions: The single party is an instrument used by the Military Command to control political life. The single trade union and the professional organizations are tasked with controlling economic and social life, under the watchful eye of the Military Command.
This conceptual organization would seem to define the Algerian political system as a totalitarian one, as it is sometimes accused of being by political forces opposed to the regime.16 It is not possible to go into the differences between a totalitarian state and an authoritarian state here. Neither the party, the organizations mentioned above, nor the influence of the army by means of military security have exerted sufficient control to enable complete control of society. Consequently, there can be no comparison with the Soviet or Nazi systems in terms of the power and role of the parties within society, or with the objectives and actions of security services and political police. The Algerian political system is an authoritarian system that displays none of the elements needed to define it as a totalitarian system, either in its ideology or in how it exerts social and political control.
In Algeria the political police—the key body of political and social control—has gone successively under the names of Military Security (MS) and later the Department of Intelligence and Security (DRS). This huge body is part of the army. This means that the backbone of the political system, despite its importance and its decisive role in political affairs, is entirely dependent on the Military Command. The main objective of the political police is not to control society in order to constrain it to a particular way of thinking, but to ensure that nothing is done to organize or effect a regime change. It has never been directed by politicians, still less by ideologues. The objective of retaining power can even justify a change in ideology or orientation, as has happened several times in moving from socialism to economic liberalism, without the Military Command ever being ousted from the heart of the system.
Ever since independence, the MS and subsequently the DRS have always been headed by a senior officer from the Military Command. The body is officially entrusted with matters of espionage and counterespionage, but also has other duties vital for the survival and functioning of the political system. While it has neither admitted to nor taken responsibility for, such duties are nonetheless omnipresent. The body was built out of the remains of the former Ministry for Armament and General Liaisons, which had been headed by Colonel Būṣūf during the fight for national liberation. Upon independence Colonel Būmadyan appointed one of his close collaborators, Qaṣdī Marbāḥ, who would subsequently be made a colonel, to organize and develop the political police. It gradually became the eyes and the political driving force of the system. On Būmadyan’s death, Colonel Marbāḥ played a vital role in the transition and arbitrated in favor of Colonel al-Shādhlī Ben Jadīd, who with the support of Colonel Marbāḥ was eventually chosen by the Military Command to become (p. 380) President of the Republic. This article will show that Marbāḥ’s successors as heads of the DRS have never relinquished this vital prerogative which allows the Military Command to select the President of the Republic. However, once this selection has been made, the procedure for getting the army’s preferred candidate elected by the people is different under the single-party (1963–1988) and multiparty (after 1989) systems. During the single-party era, once the Military Command had chosen the “candidate” there was no difficulty in having this choice endorsed by the single party and the other trade unions and professional organizations. But to play its role as the driving force behind political strategies and the controller of political life, the MS and subsequently the DRS established a direct presence by recruiting agents in situ in most of the country’s decision-making centers. From then on it was not so much the case that the party, nor even the so-called organizations of the masses, such as the General Union of Algerian Workers (UGTA) and other socio-professional organizations, were the system’s biggest weapon, but rather that the political police feigned that they were. It is without a doubt this presence that creates the impression that the DRS decides everything and that it makes decisions alone. The article will analyze how this system works and in particular how the political police have intervened since the adoption of multipartyism through the 1989 and 1996 constitutions.
B. The Army’s Grip on the Multiparty Political System: The Cosmetic Democracy
It would seem difficult, at first glance, to establish a comparable level of control over political and social life when moving from the system of “government by the Party” that we have just considered, to a system based on multipartyism and political competition, such as was adopted through the constitutions of 1989 and 1996. It is certainly easier to pass messages and decisions along very narrow and selected channels in a single-party system than it is to try to keep power and govern in a “democratic” multiparty context. But this is the project that the Algerian Military Command—not without some difficulties and internal struggles within the army and then at the cost of serious misjudgments that led to a civil war—decided to put in place. The single-party system, especially after the public demonstrations of October 1988, appeared to be deadlocked and incapable of resolving the country’s problems or avoiding interfaction fighting.17 The move from a single-party system to multipartyism was carried out under difficult circumstances and with some improvisation, but with a sense of certainty that took the place of actual strategy among the military groups surrounding the presidency of the Republic. The move to multipartyism was to overcome the deadlocks of the single party, to respond to the criticisms of a large proportion of young people and to expand the base of the regime, while making it possible to get rid of elements of the civilian and military leadership who were opposed to change of any kind. Although this article cannot go into the details of the manipulations that surrounded the public demonstrations of October 1988 or the changes of government and constitutional changes that followed, we note that the security services (political police) underwent profound restructuring. The new head of government (prime minister) was Colonel Marbāḥ, former head of the MS. It was under his government that the first features of multipartyism were put in place. He was replaced by Mūlūd Ḥamrūsh, former Lieutenant-Colonel, who had become (p. 381) General Secretary of the Presidency and was close to the President of the Republic, al-Shādhlī Ben Jadīd. This means that the transition from government by the party to a multiparty democracy was made to seem like a new alternative thanks to multipartyism. But there was no real regime change as “the deciders”, as the holders of real power are known in Algeria, are appointed or recruited by the Military Command. In order to understand how this system works, it is necessary to examine the democratic system that was put in place by the 1989 Constitution and modified by the 1996 Constitution to see what it consists of and to ascertain the role that the Military Command plays in it.
Looking only at the constitutional provisions, the regime established under the 1989 Constitution and confirmed by the 1996 revision is indeed a democratic regime with a separation of legislative, executive and judicial powers. The President of the Republic, invested with broad powers, is elected by universal suffrage; the government, appointed by the head of state, is accountable to the National Assembly, which is also elected by universal suffrage. Under the terms of the constitution the judiciary is independent and the press is free, as is the establishment of parties, trade unions, and associations. Human rights and democratic freedoms are recognized and guaranteed (Arts. 29 to 59). The only duties assigned to the army under the constitution are the “safeguarding of national independence and the defense of national sovereignty. It is responsible for assuring the defense of the unity and territorial integrity of the country, as well as the protection of its territory, air space and the various zones of its maritime domain” (Art. 25 of the 1996 Constitution).
If we keep to the text of the constitution, the army is strictly confined to the role that is given to armies in democratic countries. Under the terms of the constitution, the army is thus subject to the democratically determined political power. This situation is exactly what the Military Command has claimed in its rhetoric since independence.18 As we have seen throughout the history of the nationalist movement, since the Special Organization (SO) was established at the Congress of Ṣūmām organized by the FLN/ALN in 1947, political and constitutional rhetoric has claimed that the army is in the service of the political authorities and not the reverse. In adhering to this concept, the Algerian Constitutions remain loyal to the ideal of the acquisition of freedoms “by the people and for the people” that dominated the nationalist movement. Today this rhetoric serves to demonstrate that the army’s role is to always be at the service of the people by intervening to prevent the consolidation of personal political power (leaving aside President Ben Bellah, who the army helped to get elected in 1965, or the adventurism of the chief of staff in 1967 and yet again in January 1992) to “save Algeria and democracy” by, for example, canceling legislative elections such as those largely won by the Islamic Salvation Front (Front Islamique du Salut—FIS).
These interventions were either actual coups in 1965 and 1992, or actions taken in complete secrecy, such as the bombings ordered by Colonel Būmadyan against the troops led by the army Chief of Staff Colonel Zbīrī in 1967, or the resignation of the President of the Republic, General Zaruwāl, who justified his departure more than a year before his mandate ran out by saying he was resigning “because he had realized all his objectives”.
In every case, the army’s actions were never accompanied by a military government. Whenever the army has intervened to impose its solution, it has taken care to stay behind the scenes and put “its civilians” in government. In 1962, the intervention by the Frontier Army was destined to impose the accession to the presidency of Aḥmad Ben Bellah, a civilian. In 1965, the coup, characterized as “revolutionary adjustment”, resulted in a civilian government and a mixed Council of the Revolution. In 1992, responsibility for the coup (p. 382) was no longer claimed by the military. The president himself declared that he had resigned but “naively” provided the argument that made his “resignation” a genuine coup, by saying that “decisions had been made of which he did not approve”. The decisions in question were those made by the Military Command to cancel the elections. Under the terms of the February 1989 Constitution, such decisions could only be taken by the Constitutional Council. General Major Nazzār, minister of defense and the main author and spokesman for the cancellation, declared that he had acted at the request of the civilian government to save democracy. In order to replace the head of state, the Military Command decided not to organize elections as provided for under the constitution, but instead to establish a High Committee of the State, the presidency of which it would be entrusted to a “historic leader” of the revolution, Muḥammad Būḍiyāf, who had been exiled since 1962.19 In 1999, the Military Command eventually recalled Būmadyan’s former minister for foreign affairs, ʿA. Būteflīqa, a Frontier Army veteran and “a civilian”—to be elected President of the Republic. This was done despite the withdrawal of all the other candidates a few days before the election date, including several former prime ministers and ministers. These candidates were informed by their former intermediaries in the system that the army, which had started to vote, had taken measures to vote in favor of Būteflīqa.
As can be seen, even after the adoption of democratic multipartyism through the 1986 and 1996 constitutions, the Military Command continued to choose the candidate to be elected President of the Republic. An outcome of this kind can only be explained if the Military Command has the means to neutralize the key elements of a democratic regime, i.e., free and fair elections on the one hand and the existence of autonomous and representative parties on the other. It is therefore worth examining how the Military Command has effected control of elections and how it has neutralized the political stage and especially the political parties, trade unions, and associations, while feigning the existence of democracy.
As explained above, immediately after independence Colonel Būmadyan established the MS, tasked in particular with the role of a political police force found under an authoritarian system. In principle, the transition to a multiparty democracy should have resulted in the dissolution of this political police. But officially, the Military Command did and does not admit that there is any such political police. Since one cannot dissolve something that does not exist, the new constitutional provision therefore operated under the control of the MS, which was renamed the Department of Intelligence and Security (DRS). Instead of the relatively easy work to which it had been accustomed in the single-party context, the DRS now had to learn to work in a more complex landscape, with multiple and varied actors. One cannot simultaneously make a declaration guaranteeing human rights and democratic freedoms while grossly manipulating the ballot boxes; nor can one authorize multipartyism while preventing electoral competition. At the same time, if the holders of power do nothing, the democratic system will lead to a regime change, which would mean the end of the Military Command’s grip on power.
This is precisely what happened to the local elections (municipal and regional) of June 1990 and the legislative elections of December 1991, both overwhelmingly won by the Islamic Salvation Front. We have explained at length the reasons for the inaction of the DRS, which had just been restructured and was working in a context of political improvisation. Each leader of the DRS was waiting for a colleague to make a mistake in order to be able to blame that colleague for the failures of the system, while others were asking (p. 383) themselves where the “adventure with multipartyism” would lead “a country that is not ready for a democratic experiment”.20 Consequently, the local elections in 1990 and the legislative elections of 1991 were not manipulated by the DRS. This election was the first free one in Algeria. One could say, that through this free election, Algeria went through its own Arab Spring. Unfortunately, the same cannot be said of the presidential elections of 1995 and 1999, which saw the candidates named by the Military Command return large majorities in the first round of voting, although the candidates had been far removed from political action for almost twenty years.
Confirmation of the result of the legislative elections of 1991 would have meant that those who held power accepted the transfer of power to the Islamists in accordance with the provisions of the constitution. However, the objective of transforming the system had been to make the system more open in order to be better able to retain power, that is to say, to prevent regime change. The true nature of the system established by the 1989 Constitution and confirmed by the 1996 Constitution is thus revealed: It is a cosmetic democracy, a display to mask the real authority of the political system. It is a solution that the authoritarian power has thought up to ensure its own survival when the formula of government by the party was no longer capable of resolving social and political crises or even deadlocks in the system itself. That is why the Military Command decided to call off the elections before the second round of voting.
This cosmetic democracy cannot, however, function under the aegis of the army, if the army is content to merely choose and have elected the President of the Republic. To function, the cosmetic democracy also requires the DRS to take measures in relation to political parties, trade unions, and other associations, i.e., the various actors on the political and social stage, as well as the media. To render the democracy credible without risking the loss of the military’s grip on the system, the DRS must now on act on every stage, while still leaving enough room for a variety of other actors.
To prevent regime change, no autonomous party seeking to obtain power may be allowed to gain representation on the ground or the capacity to mobilize populations that would threaten to oust the holders of power. Since the Military Command established its grip on power, only the FIS has come close to achieving this before its electoral victory—the result of strong mobilization of the poorest populations and the middle classes—resulting in an intervention by the army and the dissolution of the party. It was precisely this experience that led the DRS to step up its initiatives in order to prevent the same thing happening again with any other party. The control of the army is not just intended to prevent Islamists from coming to power but also to exclude all political allegiances. Moreover, we can see that the Military Command has advocated various ideologies and political systems since independence. It experimented with Algerian socialism and self-management from 1962 to 1965, then with socialist enterprises and the agrarian revolution of the 1970s in the context of state capitalism before adopting economic liberalism from 1989 onward. Under the aegis (p. 384) of the Military Command, the constitutional system, too, has moved from the single party to multipartyism. This demonstrates that the Military Command acts and governs in the most pragmatic manner possible, according to what appears most opportune with regard to the domestic and international balance of power.
There are multiple examples that, despite the opaqueness of the system, illustrate the DRS’s attempts to destabilize a party or a group. The Islamist parties established by ʿAbdallāh Jāballāh have all experienced splits that resulted in the creation of new parties closer to the leaders. An activist influential in the Socialist Forces Front, an opposition party, was suddenly made a minister; others quit this party to join a party closer to the security policies decided on by the Military Command. Parties with no credence have obtained a substantial number of seats in the National Assembly or in the Senate, which indicates to the president of the National Assembly that he should put an end to the “policy of quotas”, thus confirming long-held public opinion that the results of the legislative elections are based on quotas concocted by “the deciders”, which means first and foremost the DRS.
The manipulation of political and social actors can take other forms to encourage the formation of groups calling for reform or for decisions previously called for by political or trade union opponents. The Human Rights Defense League (LADDH), created by human rights activists who had been in prison, was not authorized for several years; another Human Rights League, which was cooperating with the government, was authorized without hindrance and obtained premises and subscriptions. Āyt Aḥmad, a famous figure of the revolution and president of an opposition party (FFS), created together with members of civil society an “Autonomous Democratic Forum”. Very quickly, members of this Forum who were close to power created a “Democratic Forum”, which recommended an equivalent program under virtually the same name. Autonomous trade unions created by the trade unionists who denounced the exploitation by the authorities of the large historic union, the General Union of Algerian Workers (UGTA), opened up social negotiations. To divide and create confusion, trade unions also calling themselves “autonomous” were created to compete with and to discredit the original ones. The problem is that these “creations”, dubbed “clones” by some trade unionists and intended to frustrate the demands and discredit the proposals of the opposition, gradually ended up casting doubt on the democratic project itself, creating the belief that democracy only leads to division and to empty rhetoric. As has been described, manipulation, of which the political police is grand master, has become a method of government.21
The war against Islamic terrorism and social uprisings has unfortunately given the military authorities an opportunity to expand the scope of their sphere of action and to increase their manipulation. The infiltration of armed Islamist groups by the security services, or of groups of opponents in Kabylie, has prompted some to ask the question: “Who is killing whom?” The slow process of fragmenting the fabric of society has a double effect: On the one hand, by creating fear and division, it makes the rise of a democratic movement that might constitute a credible force for regime change difficult. On the other, the incongruity between rhetoric and practice has created a gulf of separation between the people and those who govern, who are losing all credibility.22 In this system there is indeed a plurality (p. 385) of parties: trade unions and associations, although most of them are in one way or another dependent on the system that created them. It is as though, to exist, the parties, trade unions, and associations that are hostile to the authorities must stand up to or condemn not the true holders of power, who are elusive, but instead the bodies without popular representation that the system has helped to put in place. This system thus turns the political stage into a theater where one acts without impacting on reality.
Even now, more than twenty years after authorization was granted to the private media, most of Algeria’s media is controlled directly by the state, notably the radio stations and the only television channel. The government media, whether print, radio, or televised, continues to operate as it did during the single-party era, without freedom of tone and without controversial debate, except during some electoral campaigns. Commentators often talk, however, of the existence of freedom of the press. In fact, there is indeed a freedom of tone and a vivacity in the Algerian private print media that is not found in the press of other authoritarian systems in the region. It is this point that one must focus on and briefly contextualize to understand its impact and its limits.
Some of the private sector media in Algeria does sometimes open its columns to points of views and analysis that are critical of governmental policies. Journalists sometimes even hold very militant views, including views opposed to governmental policies. Moreover, academics sometimes have access to various discussion platforms to develop critical studies. However, if we observe the private media over a long period of time to examine the type of criticism that is voiced there, it can be seen that freedom of tone, when it exists, cannot be interpreted as freedom of the press. Examining the criticisms raised by some journalists about the policies of the President of the Republic, it can be seen that they are the same difficulties that the president has when he is faced with one of “the deciders” who nominated him.23 The power is not “one” and the private press feels it—i.e., some journalists have sometimes engaged as stakeholders or interested parties, depending on the case, in battles entrusted to them by groups with links to power. In most cases the freedom to criticize is quashed without explanation in matters that involve individuals close to the president or the Military Command, like when a journal has to remain silent because the political powers don’t need it to speak up any more. Even more clearly, it is easy to see that the freedom of tone is not exercised against those who are known in Algeria as “the deciders”, or the real holders of power. One can search in vain even in the supposedly independent private press to find a study that is critical of the role of the Military Command in the Algerian political system (this work cited above addressing exactly these issues has never been reflected in newspapers published in Algeria). This situation of the press recalls the famous quote from Beaumarchais’s Figaro, who said: “provided that I did not speak […] about religion, government, nor about people in positions […] nor about anyone who insists on anything […] I could print everything freely”. In fact, while being careful not to overstep boundaries that the journalists and editors of papers know as well if not better than others, the private press, thanks to its freedom of tone and its sometimes acerbic commentary, helps to lend a little credibility to a system that, at times when nothing seems to threaten its existence, can permit some criticism and sometimes even some debate. Moreover, the private press itself (p. 386) often complains of its treatment at the hands of the government and in particular of prosecutions of journalists. The press is ultimately, like other entities judged to be of strategic importance, an object of the surveillance by the Military Command. However, this does not mean there is “a censor” behind every journalist. In other spheres of political activity, there should not be yet another manipulation by the DRS behind every initiative. Neither the DRS, nor the Military Command for which it acts, can nor wants to control everything. The objective in the current day and age is to ensure that the Military Command retains supreme control, while protecting, particularly during periods of civic peace, the margins of democratic freedoms that allow it to present a credible democratic façade. This system therefore needs the press to help it create an impression of democratic life through its criticism and the discussion platforms and debates that it organizes. Thanks to the private press, some academics are allowed to express their views, and some trade unions, associations, and parties can make some points of view known. Thereby, the private press “lend(s) a little life to a democracy that has no substance”.24