Identifier
Created
Classification
Origin
06NIAMEY574
2006-06-07 15:04:00
CONFIDENTIAL
Embassy Niamey
Cable title:  

HEAVY ABSENTEEISM AS NIGERIEN ASSEMBLY REJECTS

Tags:  PGOV PHUM KPAO SOCI KWMN NG 
pdf how-to read a cable
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C O N F I D E N T I A L NIAMEY 000574 

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C O R R E C T E D COPY (CAPTION ADDED)

DEPT. FOR AF/W, BACHMAN







E.O. 12958: DECL: 06/07/2016
TAGS: PGOV PHUM KPAO SOCI KWMN NG
SUBJECT: HEAVY ABSENTEEISM AS NIGERIEN ASSEMBLY REJECTS
WOMEN'S RIGHTS MEASURE

REF: 05 NIAMEY 1434

Classified By: POLITICAL OFFICER ZACH HARKENRIDER FOR REASON 1.4 (B)

C O N F I D E N T I A L NIAMEY 000574

SIPDIS

SIPDIS

C O R R E C T E D COPY (CAPTION ADDED)

DEPT. FOR AF/W, BACHMAN







E.O. 12958: DECL: 06/07/2016
TAGS: PGOV PHUM KPAO SOCI KWMN NG
SUBJECT: HEAVY ABSENTEEISM AS NIGERIEN ASSEMBLY REJECTS
WOMEN'S RIGHTS MEASURE

REF: 05 NIAMEY 1434

Classified By: POLITICAL OFFICER ZACH HARKENRIDER FOR REASON 1.4 (B)


1. (U) In an evening vote on the last day of its spring
session, the Nigerien National Assembly, on June 3rd,
rejected a bill for the ratification of the Additional
Protocol to the African Human and People's Rights Charter
relating to Women's Rights in Africa. The additional protocol
was adopted in Maputo, Mozambique on July 11, 2003. Of the
Assembly's 113 Deputies, only 77 were present. In a vote that
bore no relation to party affiliation, 42 deputies voted no;
31 yes; and 4 abstained. Of the 14 women deputies in the
National Assembly, only 8 were present for the vote, though
all voted yes. The measure's principal effect on Nigerien
family law would have been to raise the legal marriage age to

18. Under Nigerien law, a girl deemed to be "sufficiently
mature," may marry as young as 15.


2. (C) The Government of Niger (GON) supported ratification
of the protocol, but its floor management appears to have
been weak. While the vote on the protocol was originally
scheduled for the 31st, it was postponed to the 3rd at the
last minute. The ruling Nigerien Movement for a Developing
Society (MNSD) and its coalition partners failed to get their
deputies to the floor in large numbers. COMMENT: Given the
influence and conservatism of many Nigerien religious leaders
and traditional chiefs, this negligence may have been
deliberate. The schedule change on the vote may have been
designed to allow members to claim that pre-existing travel
commitments made it impossible for them to take part in the
debate, thus sparing some deputies an uncomfortable on-record
choice between the GON's stated position and that of
conservative constituents and local power-brokers. Attending
a post-closure reception, Western Diplomats encountered
several deputies who were present for the party, but not for
the vote. END COMMENT


3. (C) Niger's history with international conventions on

women's rights has been a colorful one. According to Post's
contacts, the decision to become a party to the 1979 UN
Convention on the Elimination of All Forms of Discrimination
against Women was taken by a military government that ruled
the country for 9 months following a coup d'etat in 1999.
Former Minister for Social Development (and current GON
Foreign Affairs Minister) Aichatou Mindaoudou allegedly
convinced the GON to sign - albeit with reservations - during
this turbulent interregnum. The convention's optional
protocol was ratified in 2004, and Nigerien women's rights
associations have been pressing the GON to waive its
reservations and become a full party to the convention ever
since. FM Mindaoudou, a French trained jurist, has often been
a progressive force on women's issues and the application of
international treaties and conventions. For her role on
cultural issues, she is reviled by many conservative clerics.
Perhaps to avoid galvanizing the opposition to the treaty,
Mindaoudou stayed away from Saturday's debate and vote, even
though, as FM, she would generally have been called upon to
present the GON's case in support of any international
agreement. In Mindaoudou's absence, that task fell upon
Madame Ousmane Zeinabou Moulay, Minister of Women's Promotion
and Children's Protection, who spoke in support of the treaty
before it was referred to a floor debate and voice vote.


4. (C) COMMENT: The GON usually wins its fights in the
National Assembly. In fact, the additional protocol was the
only piece of GON sponsored legislation rejected outright by
deputies this year. However, the fact that the GON did not
secure the protocol's passage may or may not signal a lack of
will. As noted above, by shifting the vote to a Saturday
evening just hours before the close of the session, the GON
may have sought a quiet death for a controversial measure. It
may also have been nothing more than a snafu. In any event,
the protocol's rejection is a blow to the Nigerien women's
rights associations who are working to secure ratification of
additional treaty commitments on the issue. In a larger
sense, this vote underscores how difficult other culturally
sensitive legal reforms may be. While there was no party line
to the vote, there was a geographic divide, with most of the
measure's support coming from urban deputies. As noted
reftel, support for progressive cultural measures remains
concentrated among well-educated urban professionals and does
not yet extend into the country-side where 85% of Nigeriens
live.


5. (C) A group of international donors led by the Danish
cooperation agency Danida has been working for over a year to
change that dynamic. They seek to build support for a secular
family code addressing issues such as divorce, marriage, and
inheritance (reftel A). The National Assembly's reaction to
the additional protocol may give advocates of such systemic


reform pause. However, the GON still has a chance to win on
this issue, and there are indications that it may try to do
so in the next legislative session. In a conversation with
Post's Political Assistant on June 5, the National Assembly
Legislative Director stated that his office intended to
re-write the "statement of purpose," - essentially an
executive summary of a piece of legislation on which most
members base their decisions - attached to the additional
protocol to better convince members to support it. Likewise,
the GON's spokesman, Minister of Institutional Relations
Mohammed Ben-Omar, expressed the government's disappointment
with the result of the vote, and stated that it was a step
back for Niger. If the GON matches such rhetoric with action
by re-introducing the protocol when the National Assembly
re-convenes in October, and demonstrates defter floor
management in the legislature, it could show laudable
political courage and a real commitment to women's rights.
END COMMENT
ALLEN