Algerians With Dual Nationality Are Prevented By Constitution From Working In 15 Senior Positions

Algerians with dual citizenship are prevented from holding 15 posts in the state institutions, according to the draft law that specified the list of senior responsibilities in the state and political functions that required holding the Algerian nationality, and that is currently located on the parliament table, and which is expected to come today to the Committee on Legal Affairs and Freedoms for discussion and some modifications before it is presented to the MPs in the general session.

The project, which copy is available to Echorouk, and which came under the provisions of Article 63 of the Constitution, requires the Algerian nationality exclusively to assume senior responsibilities in the state and political jobs, such as: Chairman of the National Assembly, the President of the People’s National Assembly, Prime Minister, Chairman of the Constitutional Council, and members of the government, the Secretary-General of the government, and the first President of the Supreme Court as well, and other posts also like President of the Council of State, the Governor of the Bank of Algeria, security officials, the head of the Independent High Commission for Election Monitoring, Chief of Staff of the People’s National Army, the commander of the armed forces, the leaders of the military regions, and every senior military responsibility through regulation.

Everyone who is invited to accord the highest responsibility of the state or political function, should provide an honorary declaration though which he/she admitted enjoying the Algerian nationality exclusively, and then the declaration is deposited at the office of the first President of the Supreme Court, provided that the model of declaration is determined by the regulation.

Current officials who exercise the supreme responsibility of the state or a political function should provide a honorary declaration during the six months that follow the publication of this law in the Official Gazette, which means that each official who holds another nationality in addition to the Algerian nationality will be fired, as stipulated by the law., and every false declaration will be punished as provided for in the legislation in force.

Constitutionality of banning senior posts and preventing people to assume high responsibilities in the state on Algerians with dual nationality, raised a lot of controversy, which echo reached even the Algerian immigrants who considered the text of Article 51 of the Constitution as unfair and exclusionary.

Controversy also settled at the parties of power, RND and FLN, when Ammar Saadani came out to ask for the need to re-consider this file, while Ahmed Ouyahia, who is Manager of the Office of the Presidency of the Republic, who oversaw the consultations of the amendment of the Constitution on the text of the article, said this file is exploited for political purposes.

Committee of law and freedoms at the level of Parliament will decide about the final list, after its presentation to the members of the Committee, who will decide to introduce some amendments to the draft law or not, although the list will be expanded to include positions or other political functions, similar to the post of ambassador, the consul general, governor, ministries’ general trustees, and other jobs as well.

Criticism has long been directed to “officials with dual nationalities”, given that the person who wants to assume the post in the state must be loyal to his/her homeland or, rather, be a patriot who is not looking for another nationality.