The People's National Assembly: The past 18 Months

16 February, 1999

Part 3 of 3

Contents

• Executive Summary

• Introduction

• 'Legislative Power' from 1962 to 1997
  1. The period of one-party democracy
     1. 1962 - 1965: The first Assembly.
     2. 1965 - 1977: The 'revolutionary Council'
     3. 1977 - 1991: The People's National Assembly (PNA)
  2. Opening up to democracy
     1. The end of the one-party system
     2. May/June 1991: The FIS insurrection and strike.
     3. December 1991: The first multi-party legislative elections are aborted
     4. 1992 - 1997: The 'transition period'

• The June 1997 legislative elections
  1. Proportional representation
  2. A multi-party election
  3. Election Controls
  4. A controversial campaign
  5. A very tense election period
  6. Contested results
  7. Opposition grievances
  8. International observers divided

• The multi-party assembly
  1. Redrawing the political landscape
     1. The 'nationalist' movement
     2. The 'Islamist' movement
     3. The 'democratic' movement
     4. The 'independents'
  2. The 'objective' alliances
     1. The majority: the 'Islamist nationalist' bloc
     2. The divided opposition

• How The Assembly Functions
  1. Organisation chart
  2. Parliamentary immunity
  3. Law-making
     1. Government bills and private members' bills
     2. Amendments
     3. Voting procedures
  4. Power of control over the executive
     1. Approving the government's programme
     2. Oral and written questions
     3. Government summoned to answer questions ('Interpellation')
     4. Resolutions on government policy
     5. Censure motions
     6. Votes of confidence
     7. Committees of enquiry

• Assessing the Assembly's work over the past 18 months
  1. A difficult beginning
  2. The main topics of debate
  3. Signs of progress towards democracy
     1. A forum for opposition
     2. The refusal to accept electoral fraud
     3. Sensitive questions under debate
  4. Room for improvement
     1. Law-making
     2. Exercising control over the executive
     3. Bringing morality into public life

• Important issues still to be dealt with
  1. Family law code
  2. The press code
  3. Reform of the education system

• Conclusions
  1. Electoral fraud
  2. Arab-Islamic ideology

• Recommendations
  1. Set up a framework conducive to free and open elections
  2. Preventing electoral fraud
     1. National controls
     2. International controls
  3. Revision of sensitive laws
  4. Human rights
  5. Support for the democracy movement

• Annexes
  1. Annexe A : The legislative elections of 5 June 1997
  2. Annexe B : The multi-party Assembly
  3. Annexe C : Bills debate during the first year of the legislature
  4. Annexe D: The main parties represented in the PNA
  5. Annexe E : Organisation chart of the PNA
  6. Annexe E 1 : Organisation chart of the PNA
  7. Annexe F : The Assembly's preoragatives (extracts from the Constitution)
  8. Annexe G : Index of initials and abbreviations
  9. Annexe H : Bibliography

Table 1: List of principal candidates

Table 2: Election results

Table 1: The configuration of the Assembly: 'objective alliances'

(A: adopted by the APN, S : adopted by the senate, Ra: rejected by the APN, Rs: rejected by the senate, Rc: rejected by the Constitutional Council.)

Table 1: PNA bureau

Table 2: Presidents of the parliamentary groups

Table 3: Permanent committees

1. The bureau

He is assisted by eight vice-presidents. They are designated, after agreement has been reached between the representatives of the parliamentary groups, on a list that is submitted to the Assembly for adoption. If agreement is not reached, this list is drawn up by the groups representing the majority in the Assembly.

2. The presidential conference

• drawing up the agenda for Assembly sessions;
• preparing and evaluating the sessions;
• organising and co-ordinating the work of the permanent commissions;
• organising the work of the Assembly.

3. The co-ordination committee

• the agenda;
• the organisation and smooth functioning of the work of the Assembly;
• the means required for the parliamentary groups to function properly;

4. The permanent commissions

Each elected member may be a member of one permanent commission.
Seats are divided up in the commissions in proportion to the number of members from each parliamentary group.

5. The parliamentary groups

The Assembly bodies at all levels are dominated by the RND, followed by its allies from the majority "Islamist nationalist" grouping.

Art. 81: If the Assembly does not approve his programme, the prime minister shall submit his government's resignation to the president of the republic. The president shall then appoint another prime minister, by the same procedure.

Art. 82: The Assembly again refuses its approval, it is shall be automatically dissolved.

Art. 84: The government shall submit a statement of general policy to the Assembly every year. The statement of general policy shall be followed by a debate on the government's conduct of affairs. This debate must conclude with the adoption of a resolution. It may also conclude with the adoption of a censure motion by the Assembly, in conformity with articles 135, 136, 137 below.

Art. 119: Bills may be initiated by the prime minister or by members of the Assembly. Bills must be submitted by twenty members.

Art. 127: Within thirty days of the passing of a bill, the president may require that it be read a second time. A majority of two-thirds of the members shall then be required.

Art. 130: Parliament may debate foreign policy at the request of the president of the republic or of the chairman of either chamber. The debate may conclude with the adoption of a resolution by the two chambers sitting in joint session, which resolution shall be communicated to the president of the republic.

Art. 133: The members of parliament may summon the government to answer questions on a matter of current concern. The parliamentary commission may take hearings from the members of government.

Art. 134: Members of parliament may address any question to any minister. Written questions shall be answered in writing within 30 days. Oral questions shall be answered at a sitting.

Art. 135: During the debate on a statement of general policy, the Assembly may challenge the government's conduct of affairs by passing a motion of censure. Such a motion shall be admissible only if signed by at least one-seventh of the total of members.⁸⁰

Art. 136: In order to be passed a motion of censure must be approved by two-thirds of the members.

Art.137: If the Assembly passes the motion of censure, the prime minister shall submit his government's resignation to the president of the republic.

Annexe H : Bibliography

Part 1