VZCZCXRO2844
PP RUEHBC RUEHBZ RUEHDE RUEHDH RUEHDU RUEHGI RUEHJO RUEHKUK RUEHMA
RUEHMR RUEHPA RUEHRN RUEHROV RUEHTRO
DE RUEHNJ #0318 2150707
ZNR UUUUU ZZH
P 030707Z AUG 09
FM AMEMBASSY NDJAMENA
TO RUEHC/SECSTATE WASHDC PRIORITY 7141
INFO RUEHZO/AFRICAN UNION COLLECTIVE
RUEHEE/ARAB LEAGUE COLLECTIVE
RUCNFUR/DARFUR COLLECTIVE
RHMFISS/HQ USAFRICOM STUTTGART GE
RHEHNSC/NSC WASHDC

UNCLAS NDJAMENA 000318 
 
SIPDIS 
SENSITIVE 
 
SATE FOR AF/C AND S/USSES 
LODON FOR POL - LORD 
PARIS FOR POL - KANEDA 
ADDIS ABABA FOR AU 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PREF PHUM CD
SUBJECT: PARLIAMENT PASSES POLITICAL PARTY CHARTER, 
AVERTING OPPOSITION BOYCOTT OF 2010 ELECTIONS 
 
REF: NDJAMENA 294 
 
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SUMMARY 
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¶1. (SBU) The National Assembly passed a key law supplementing the 
July 16 law regulating political parties (Political Party Charter) 
that provoked opposition outrage.  The supplemental law added to the 
Charter law a controversial provision that prohibits elected 
officials from switching parties after election (AKA "political 
nomadism").  This averted a threatened boycott by opposition parties 
of legislative elections set for 2010.  The government majority in 
parliament reversed its earlier opposition to the anti-nomadism 
provision and voted in favor of the law, which now awaits final 
approval by the Constitution Court before President Deby signs it 
and the Political Parties Charter into law.  END SUMMARY. 
 
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GOVERNMENT RETREATS 
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¶2.  (SBU)  The President of the National Assembly -- constituted 80 
percent of government party members -- ordered the body July 21 to 
reexamine Article 33 and draft a new law to address the omission in 
the Political Party Charter, after the Prime Minister July 18 
admonition to government and opposition parliamentarians to resolve 
issues over the electoral process.  Opposition members had 
threatened a boycott when a clause prohibiting "political nomadism," 
the switching of parties by elected officials, was removed from the 
Political Parties Charter approved July 16 by the National Assembly. 
 The opposition party members had supported this article as a way to 
keep the government from "buying" deputies, who would then cross the 
aisle to the government's ruling MPS party. 
 
¶3.  (SBU)  The General Policy Commission of the National Assembly 
developed an "organic law," (similar to an amendment or supplemental 
law) largely addressing the elements of former Article 33, namely 
that any elected official at every level may not break from his/her 
party for the benefit of another political party.  A break from 
one's original party for this reason would invalidate the election. 
The dissolution of one's political party does allow the elected 
official to remain in office, either as an independent or with the 
freedom to choose another political party. 
 
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SOLUTION WITHOUT FINAL RESOLUTION 
--------------------------------- 
 
¶4.  (SBU)  Adopted July 24 by the National Assembly, the Organic Law 
on the Relationship between Political Parties and their Elected 
Officials must be reviewed by the Constitutional Court for 
conformity with the constitution.  If the Constitutional Court finds 
the law constitutional, both the organic law and the Political 
Parties Charter law will be sent to President Deby for final 
signature.  Given the Constitutional Court's independence from the 
National Assembly, the approval process by the court could take a 
few weeks to several months.  A rejection of the organic law by the 
court would trigger revision by the National Assembly and approval 
of by deputies.  The General Secretary of the Government told us 
that he does not believe the organic law unconstitutional and 
supports the spirit of August 13 Accord between the government and 
the political opposition aimed at reforming the electoral process. 
 
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Comment 
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¶5. (SBU) The July 24 passage of the supplemental law was a victory 
for the right way to do politics.  The compromise extended by the 
government and accepted by the opposition is a good thing.  It is 
important that the government accommodates legitimate opposition 
concerns and avoids giving the opposition justification to boycott 
elections slated for 2010.  We hope that this spirit of 
bipartisanship also imbues the work of the newly constituted 
Independent Electoral Commission (CENI) as they move forward with 
the electoral census.  END COMMENT. 
NIGRO