VZCZCXRO7572
RR RUEHMA RUEHPA
DE RUEHNM #0517/01 1960609
ZNR UUUUU ZZH
R 150609Z JUL 09
FM AMEMBASSY NIAMEY
TO RUEHC/SECSTATE WASHDC 5188
INFO RUEHZK/ECOWAS COLLECTIVE
RHMFISS/HQ USAFRICOM STUTTGART GE
RUEAIIA/CIA WASHINGTON DC
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UNCLAS SECTION 01 OF 03 NIAMEY 000517 
 
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TAGS: PGOV KDEM SOCI NG
SUBJECT:  President Tandja Launches Campaign for New Constitution 
 
Ref:  a) Niamey 00504, b) Niamey 00503, c) Niamey 00466, d) Niamey 
00448, e) Niamey 00432 
 
NIAMEY 00000517  001.2 OF 003 
 
 
¶1. (U) Summary:  In a July 12 address on public media, President 
Tandja launched a campaign for the August 4 referendum on a new 
constitution.  Although the campaign period started officially on 
July 13, government officials commenced sensitizing the public on 
the draft constitution on July 6.  Key elements that distinguish it 
from the current constitution include concentrating power in the 
executive branch through a presidential rather than 
semi-presidential system, providing a bicameral legislature, 
implementing three-year transitional phase prior to the next 
presidential election, and eliminating presidential term limits. 
Political parties, civil society organizations, and the 
international community continue to react to both the referendum 
process and changes proposed in the draft constitution.  End 
summary. 
 
President Tandja Reiterates Notion of Popular Call to Stay On 
--------------------------------------------- -------- 
¶2. (U) In his national address on July 12, President Tandja urged 
all Nigeriens to adopt the draft constitution with a "massive yes on 
August 4."  President Tandja stated that "This referendum...is the 
conclusion of (the Nigerien people's) own initiatives...(and its) 
continued calls through an unprecedented general mobilization for 
several months to find ways that would allow the President of the 
Republic to finalize the great infrastructure projects that he had 
engaged."  He went on to say, "With regard to the persistence and 
soundness of the wishes expressed by the overwhelming majority, I 
could not, at the risk of shirking the obligation to respond to the 
sovereign people's aspirations, remain indifferent before this 
movement which, over time, has taken a national dimension." 
 
GON Ministers Showcase Draft Constitution in Regions 
--------------------------------------------- ------- 
¶3. (U) From July 6-12, several cabinet members roamed the country's 
eight regions to "popularize" the draft constitution.  Minister of 
Communication and Government Spokesperson Mohamed Ben Omar attempted 
to present and defend the main thrust of the draft during a town 
hall meeting in Niamey.  Regarding the unlimited number of 
presidential terms, he said, "The people have leeway to maintain for 
as long as they wish a President who best responds to their 
aspirations."  Ben Omar argued that the presidential regime and the 
bicameral parliamentary system proposed were mechanisms that protect 
the Executive from motions of censure while blocking the Executive 
from dismissing the Legislature.  Concerning the provision for a 
three-year transitional period prior to the next presidential 
election, Ben Omar explained that "this translates the aspiration of 
the people, who have always demanded that the President of the 
Republic be accorded an additional three years to complete the 
national projects he has started." 
 
Highlights of the Draft Constitution 
------------------------------------ 
¶4. (U) The new draft is largely based on the current constitution; 
the following are the major proposed changes: 
 
-- The proposed constitution would establish a presidential-type 
political regime wherein the President cannot dissolve the National 
Assembly and the latter cannot sanction the Prime Minister via a 
motion of no confidence.  Unlike in the current constitution, the 
President rather than Prime Minister will serve as head of 
government; 
 
-- With respect to the Executive branch, the draft constitution 
states that, "The President of the Republic is the exclusive holder 
of executive power.  He is the head of government.  He appoints the 
Prime Minister and cabinet members and determines their powers.  The 
Prime Minister and members of the cabinet report to the President. 
He sets their terms of office and portfolios." (Article 48); 
 
-- While the current constitution limits the President's term of 
office to five years, renewable only once, the draft constitution 
provides for unlimited terms.  "The President of the Republic is 
elected via free, direct, equal, and secret universal suffrage, for 
a mandate of five years renewable." (Article 39); 
 
-- Regarding the legislative branch, while the current parliamentary 
system comprises a single-chamber National Assembly, the draft 
constitution provides for a bicameral parliament.  "The legislative 
power is executed by the Parliament.  Parliament is made up of two 
chambers:  the National Assembly...(and) the Senate." (Article 68). 
National Assembly members (Deputies) "...are elected via free, 
 
NIAMEY 00000517  002.2 OF 003 
 
 
direct, equal, and secret universal suffrage.  The legislature lasts 
5 years." (Article 69).  The Senate "...ensures the representation 
of local councils, traditional chiefs, and Nigeriens abroad. 
Two-thirds (2/3) of Senate members are elected via indirect 
universal suffrage.  The other third is appointed by the President 
of the Republic.  Senators' mandates last 5 years.  No one can be 
elected or appointed Senator if he or she is not at least forty 
years old on the day of voting or appointment;" 
 
-- With respect to revision of the constitution, the draft states, 
"No revision can be engaged or pursued when there is an offense 
against the integrity of the national territory.  The republican 
form of State, the multiparty system, the separation of State and 
religion, and the provisions of Articles 148 and 152 cannot be 
revised;" and 
 
-- Regarding transitional and final provisions, the draft states, 
"The incumbent President of the Republic remains in office until the 
presidential election that will take place in December 2012." 
(Article 148).  "Legislative elections will take place no later than 
October 2009...While awaiting the installation of the National 
Assembly, the President of the Republic is empowered to execute 
legislative powers via ordinances, in the following areas: 
political elections, installation of new institutions, (and) 
implementation of agreements with foreign partners." (Article 149). 
"Local elections will take place no later than December 2009." 
(Article 150). Finally, "Law 2000-14 of January 24, 2000 regarding 
amnesty for the authors of the January 27, 1996 and April 9, 1999 
coups d'etat, remains in force in all its provisions." 
 
Ruling Coalition AFDR Supports Referendum 
----------------------------------------- 
¶5. (U) On July 10, the 24 political parties that make up the 
Alliance of Democratic Forces for the Republic (AFDR) - Niger's 
ruling coalition - issued a statement in which they expressed their 
determination "to strengthen and consolidate national unity, peace, 
stability, democracy, and progress that our country has experienced 
since the advent of Mamadou Tandja at the helm of Niger...(and) 
commitment to pursue the development actions and national 
construction work engaged in order to improve the living condition 
of Niger's hardworking population; and their determination to 
rigorously apply the principles of good governance in a State 
respectful of rights and popular will."  The statement went on to 
say that, "despite some political turmoil, our Alliance has managed 
to keep its serenity and continues to express its loyalty to the 
President..."  AFDR parties believe in the "re-foundation of the 
Republic" and call on all Nigerians to support President Tandja in 
this effort.  On July 12, the same parties gathered for the official 
cultural event to launch the referendum campaign. 
 
Opposition Groups Maintain Referendum is Illegal 
--------------------------------------------- --- 
¶6. (U) On July 10, the Front for the Defense of Democracy (FDD) also 
issued a statement to denounce President Tandja's attempt to bypass 
the legislative election that had been announced to take place on 
August 20.  They complained that all political parties had tried in 
vain to submit their candidacies to regional administrative 
authorities, who had refused to take them "by President Tandja's 
orders."  The FDD noted several alleged violations of the 
constitution that culminated in the illegal assumption of emergency 
powers to sidetrack any obstacles against a referendum that would 
allow President Tandja to remain in power.  The FDD further stated 
that the draft constitution, which was belatedly made available to 
the public, "confirmed Mr. Tandja's will to exert power without 
sharing, according to the mood he is in."  The FDD cited Articles 
148, 146, and 39 of the draft constitution (see para 4) as evidence 
of the "constitutional coup d'etat."  These provisions, according to 
the FDD statement, would "allow President Tandja to run for 
elections without limitation, to rig elections, to remain in power, 
and to exert his dictatorship on Niger and its people." 
 
¶7. (U) The FDD demanded the end of President Tandja's "permanent 
coup d'etat," the repeal of his referendum project, and the return 
to a normal constitutional order. The FDD further demanded the 
reinstatement of the dissolved constitutional court, President 
Tandja's resignation, and the implementation of relevant perjury and 
impeachment provisions of the constitution.  The FDD further calls 
for the organization of all the elections by the end of 2009. 
 
¶8. (U) On July 11, the Movement for the Defense of Democracy and the 
Republic (MDDR) also sounded the alarm on the dangers of the 
projected referendum on Niger's security and peace.  Niger's Bar 
Association issued a statement on July 11 in which it denounced 
 
NIAMEY 00000517  003.2 OF 003 
 
 
President Tandja's recourse to emergency powers as illegal, and 
declared that "no provision of the fundamental text confers 
competence to the head of state to erect himself as an original 
constituent power and to suspend to his liking Article 103 through 
115 of the constitution relating to the constitutional court."  The 
Bar Association praised the independence and courage of the 
dissolved Constitutional Court's members and pointed out that the 
nomination of one of their peers to "a jurisdiction that has no 
legal existence in Niger's judiciary" (Note:  that is, a court 
appointed by President Tandja.  End note.) did not commit the Bar 
Association to a political stance.  The Bar Association called on 
ECOWAS, the AU, and the international community "to use their 
influence in order to defeat any attempts to deny constitutional 
legality and the rule of law in Niger." 
 
Comment 
------- 
¶9. (SBU) The draft constitution was revealed only six days before 
the beginning of the referendum campaign; therefore, both rendering 
a detailed legal analysis and familiarizing the general public 
throughout a country twice the size of Texas remain a daunting 
challenge.   Critics mock assertions that the staged "popular" 
support for the President's plan is therefore fraudulent and 
misleading.  Many doubt that the public, many of whom are 
illiterate, can study the draft and make informed decisions about 
whether or not to accept it by the August 4 referendum, which lies a 
mere three weeks ahead.  Some observers have referred to the draft 
as a "personalized constitution."  Some perceive the creation of a 
senate as an attempt by President Tandja to secure a "safety valve" 
that would help him to block an unfavorable vote by the National 
Assembly. 
 
ALLEN