For several decades, the Algerian people have watched helplessly as their political system agonized, having become an insurmountable obstacle to any prospect of progress, democracy and justice. This observation is not a mere opinion; it is supported by the voice of emblematic figures of our political history, who, through their experience, their legitimacy and their lucidity, have clearly affirmed the imperative need for a change of system.
The late Abdelhamid Mehri, in his speeches lamenting the deadlock, declared that « the radical change of the political system goes hand in hand with the interest of the people and in order to face the challenges to come »; these words resonate as an inescapable truth. Mouloud Hamrouche, former Prime Minister, declared that this regime « is anti-national » or « unpatriotic », thus denouncing the gap between governance and the higher interests of the nation. The late Sid Ahmed Ghozali, another major figure, did not hesitate to draw a powerful analogy: we are « the harkis of this regime », recalling the historical betrayal and the profound alienation that this situation engenders.
All these politicians converge on a single demand: the change of system. This conclusion is lucid, unanimous, and carries hope for a transition towards democratic, inclusive governance that respects human rights and complies with constitutional principles.
However, faced with this legitimate demand, the upholders of the authoritarian system reject any effort at reform. They establish a violent and legal repression, turning legislation into an instrument of systematic repression. Ordinarily, the law should protect, guarantee, legitimize. In Algeria, since the enactment of Ordinance No. 21-08 on 9 June 2021, the law now serves to criminalize all peaceful opposition. For this ordinance considers as an act of terrorism or sabotage « any action targeting the security of the State », or even « any incitement by any means whatsoever to accede to power or to change the system of governance by non-constitutional means ».
Such a vague and ambiguous formulation opens the way to arbitrary repression against any dissenting voice. Yet it clearly contradicts the principle of legality, enshrined in the International Covenant on Civil and Political Rights (ICCPR), ratified by Algeria in 1989, which expressly guarantees freedom of expression, freedom of peaceful assembly, as well as the right of every person to participate in political life, without discrimination or fear.
The central problem lies in the use of the expression « non-constitutional means ». In practice, this argument is used to criminalize any criticism or any attempt to establish a democratic movement outside the framework imposed by the authorities. The 2020 Constitution, in its Articles 154 and 171, guarantees that ratified treaties take precedence over national law, and that the judiciary must apply these treaties. Yet, by claiming that any change not constitutionally authorized constitutes a terrorist act, the regime openly violates these commitments, and places an insurmountable obstacle in the way of any authentic democratic transition.
It must therefore be stated, with the greatest clarity and legal rigor, that nothing in the 2020 Constitution, in the Penal Code or in the ICCPR prohibits or legally limits the right to change the political system by peaceful, democratic and constitutional means. On the contrary, these legal and normative texts support, in principle, the legitimacy of any step aimed at evolving governance in respect for fundamental rights.
It is therefore imperative, in this context, to recall that the only legitimate path, in conformity with international law, the Constitution and the principle of popular sovereignty, is that of peaceful, organized, democratic change respectful of the rule of law. Any attempt at repression, any restrictive or arbitrary interpretation of the laws, in contradiction with these principles, constitutes a grave violation of Algeria’s international commitments, and an obstacle to any desirable evolution for the nation. Finally, the Algerian people are the sole holders of sovereignty and legitimacy.