VZCZCXRO0513
PP RUEHGI RUEHMA RUEHROV
DE RUEHNJ #0573/01 3460707
ZNR UUUUU ZZH
P 110707Z DEC 08 ZDS
FM AMEMBASSY NDJAMENA
TO RUEHC/SECSTATE WASHDC PRIORITY 6630
INFO RUCNFUR/DARFUR COLLECTIVE PRIORITY
RUEHTRO/AMEMBASSY TRIPOLI PRIORITY 0532
RUCNDT/USMISSION USUN NEW YORK PRIORITY 1030

UNCLAS SECTION 01 OF 02 NDJAMENA 000573 
C O R R E C T E D  C O P Y (PARAGRAPH MARKINGS) 
 
SENSITIVE 
SIPDIS 
 
LONDON AND PARIS FOR AFRICA WATCHERS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM PREF PINR CD
SUBJECT: CHAD - TWO KEY ELECTION-RELATED LAWS PASSED BY 
ASSEMBLY; OTHERS EXPECTED SHORTLY 
 
REF: A. NDJAMENA 530 
     ¶B. NDJAMENA 517 
     ¶C. 07 NDJAMENA 675 
 
NDJAMENA 00000573  001.4 OF 002 
 
 
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SUMMARY 
------- 
 
¶1. (SBU) The process leading up to future elections is 
proceeding in a typically desultory, Chadian fashion, but it 
is indeed proceeding.  Only one of the seven draft laws sent 
by the Comite de Suivi to the Government is still stuck in 
the GOC apparatus, and it is one that the opposition does not 
even think is necessary.  With the December 5th passage by 
the National Assembly of the draft law on the CENI (electoral 
commission), the CENI could be constituted before the end of 
the year.  This would be the true start of preparations for 
the next elections, as it is the CENI that oversees the whole 
process. 
 
¶2. (SBU) Given its length and level of specificity, there could be 
issues involving the draft Electoral Code that require some 
time to work out, but we expect these to be resolved without 
much delay.  Members of the opposition coalition CPDC will 
continue to quibble about points, but ineffectively, as they 
are not united.  Their complaints that certain elements of 
the draft laws do not reflect the August 13 Accord are 
grounded in fact, but it is unrealistic to expect legislators 
to adopt language that contravenes Chad's Constitution, which 
may only be amended by national referendum.  As far as we can 
tell, the major issues of contention, other than whether or 
not deputies who change parties lose their seats, stem from 
the fact that certain agreements in the August 13 Accord are 
indeed unconstitutional. 
 
¶3. (SBU) Narlejy Yorongar, the opposition parliamentarian, 
party leader, and former presidential candidate who fled Chad 
after the events of February 2008, returned to Chad 
yesterday.  We expect him to return to the National Assembly, 
where his current and back salaries await him.  Yorongar's 
presence will contribute to the return to political 
"normalcy" that was interrupted in February 2008, but might 
prove more vexing for Yorongar,s colleagues in the 
opposition than for the Government, because he can be as 
trenchant a critic of some of them (especially those who 
joined the GOC in the meantime) as he is of the Deby regime. 
His party, the FAR, is the only major opposition party that 
refused to sign the August 13th Accord on election reforms. 
 
¶4. (SBU) President Deby recently committed, in an Al Jazeera 
interview, to hold parliamentary elections, as promised, in 
¶2009.  The French and EU Ambassadors continue to believe this 
will happen, despite opposition claims that this is no longer 
feasible (Ref A).  END SUMMARY. 
 
--------------------------------------------- ------ 
ELECTION-RELATED LEGISLATION FINALLY MOVING FORWARD 
--------------------------------------------- ------ 
 
¶5. (SBU) The process leading up to future elections is 
proceeding in a typically desultory, Chadian fashion.  Of the 
seven draft laws sent to the Government by the Comite de 
Suivi (the Implementing Committee of the August 13 Accord, in 
which the Government, the majority party, and the opposition 
coalition are represented) in July/August 2008, only one is 
still stuck in the GoC bureaucracy -- the one concerning 
political parties. 
 
¶6. (U) The National Assembly passed the single most important 
piece of election-related legislation -- that dealing with 
the CENI (electoral commission), on December 5th.  It passed 
the draft law on the Constitutional Council at the same 
sitting. The President of the Comite de Suivi, Hassan Ahmat 
Patcha, who is a member of the MPS (the majority party), is 
optimistic that President Deby will sign the laws into effect 
quickly, allowing the CENI to be constituted before the end 
of the year. 
 
¶7. (U) The other most significant piece of election-related 
legislation, the Electoral Code, will be voted on in plenary 
on 15th, after being vetted by the National Assembly's 
Political Committee.  Patcha explained to Acting Pol/EconOff 
that the draft Electoral Code is being reviewed later because 
of its length.  (COMMENT:  This is reasonable, as the draft 
Electoral Code is longer than all the other drafts combined.) 
 
¶8. (SBU) Ouchar Tourgoudi, the head of the National Assembly 
 
NDJAMENA 00000573  002.4 OF 002 
 
 
Political Committee, explained last week to Acting 
Pol/EconOff that the Political Committee's major concern is 
whether proposed laws are constitutional.  He said that his 
committee, after hearing the views of the concerned 
ministries and the Comite de Suivi, and checking the 
Constitution, had made minor changes to the three drafts that 
were voted on in plenary on December 5th, at times in the 
Government's favor, but at other times in the Comite de 
Suivi's favor. 
 
¶9. (SBU) On December 5th the Assembly also considered the 
draft law on the Supreme Court but, after continuing 
discussions on December 6th, decided to postpone action until 
December 10th because of a conflict with Chad's Constitution 
that was flagged by the Political Committee. (We expect this 
date to slip further, as December 10 is likely to be a local 
holiday.) 
 
¶10. (SBU) The National Assembly's Political Committee has not 
yet focused on the draft Electoral Code.  The Government's 
most recent draft allows deputies to retain their seats as 
independents if they change parties.  The Comite de Suivi 
objects to this language, as it contravenes the August 13th 
Accord, which specifies that incumbents elected on a party 
ticket who subsequently switch parties forfeit their seats, 
which will then be recontested.  Members of the opposition 
coalition had complained earlier to the Ambassador about an 
article in the draft Electoral Code containing sanctions for 
those who call for boycotting elections, and one opposition 
newspaper recently flagged this issue, but (oddly, in our 
view) the opposition did not raise this concern within the 
Comite de Suivi. 
 
¶11. (SBU) We do not know why the draft legislation on 
political parties has not yet emerged from the Government, 
but a delay in issuing it should not slow election 
preparations.  Opposition member Salibou Garba told Emboffs 
that this is a piece of legislation that the Government 
wanted; the opposition does not believe it is necessary. 
 
------- 
COMMENT 
------- 
 
¶12. (SBU) Establishing the CENI would be the true start of 
preparations for the next elections, as it is the CENI that 
oversees the whole process.  This would be a major step 
forward in the electoral process.  Given its length and level 
of specificity, there could be issues involving the draft 
Electoral Code that require some time to work out, but we 
expect these to be resolved without much delay.  Members of 
the opposition coalition CPDC will continue to quibble about 
points, but ineffectively, as they are not united.  Their 
complaints that certain elements of the draft laws do not 
reflect the August 13 Accord are grounded in fact, but it is 
unrealistic to expect legislators to adopt language that 
contravenes Chad's Constitution, which may only be amended by 
national referendum.  As far as we can tell, the major issues 
of contention, other than whether or not deputies who change 
parties lose their seats, stem from the fact that certain 
agreements in the August 13 Accord are indeed 
unconstitutional. 
 
¶13. (SBU) Narlejy Yorongar, the opposition parliamentarian, 
party leader, and former presidential candidate who fled Chad 
after the events of February 2008, returned to Chad 
yesterday.  We expect him to return to the National Assembly, 
where his current and back salaries await him.  Yorongar's 
presence will contribute to the return to political 
"normalcy" that was interrupted in February 2008, but might 
prove more vexing for Yorongar,s colleagues in the 
opposition than for the Government, because he can be as 
trenchant a critic of some of them (especially those who 
joined the GOC in the meantime) as he is of the Deby regime. 
His party, the FAR, is the only major opposition party that 
refused to sign the August 13th Accord on election reforms. 
 
¶12. (SBU) President Deby recently committed, in an Al Jazeera 
interview, to hold parliamentary elections, as promised, in 
¶2009.  The French and EU Ambassadors continue to believe this 
will happen, despite oppositions claims that this is no 
longer feasible (Ref A). 
 
 
¶13. (U) Tripoli minimize considered. 
NIGRO